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Full text of "Idaho Code, Title 49, 2012 Supplement"

2012 

CUMULATIVE 

POCKET SUPPLEMENT 

IDAHO CODE 



Compiled Under the Supervision of the 
Idaho Code Commission 



RICHARD F. GOODSON 

R. DANIEL BOWEN JEREMY P. PISCA 

COMMISSIONERS 

MAX M. SHELLS, JR. 
EXECUTIVE SECRETARY 

TITLE 49 



Place this supplement in the pocket of the corresponding 
volume of the set 



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marks, and MICHIE is a trademark of Reed Elsevier Properties 
Inc., used under license. Matthew Bender is a registered trademark 
of Matthew Bender Properties Inc. 



©2012 State of Idaho 
All rights reserved. 



5705729 



ISBN 978-0-672-83888-0 (Set) 
ISBN 978-1-4224-4999-8 



(Pub.42205) 



PUBLISHER'S NOTE 



Amendments to laws and new laws enacted since the publication of the 
bound volume down to and including the 2012 regular session are compiled 
in this supplement and will be found under their appropriate section 
numbers. 

This publication contains annotations taken from decisions of the Idaho 
Supreme Court and the Court of Appeals and the appropriate federal courts. 
These cases will be printed in the following reports: 

Idaho Reports 

Pacific Reporter, 3rd Series 

Federal Supplement, 2nd Series 

Federal Reporter, 3rd Series 

United States Supreme Court Reports, Lawyers' Edition, 2nd Series 

Title and chapter analyses, in these supplements, carry only laws that 
have been amended or new laws. Old sections that have nothing but 
annotations are not included in the analyses. 

Following is an explanation of the abbreviations of the Court Rules used 
throughout the Idaho Code. 

I.R.C.P Idaho Rules of Civil Procedure 

I.R.E. Idaho Rules of Evidence 

I.C.R. Idaho Criminal Rules 

M.C.R. Misdemeanor Criminal Rules 

I.I.R. Idaho Infraction Rules 

I.J.R. Idaho Juvenile Rules 

I.C.A.R. Idaho Court Administrative Rules 

I.A.R. Idaho Appellate Rules 

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Digitized by the Internet Archive 
in 2013 



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USER'S GUIDE 



To assist the legal profession and the layperson in obtaining the maxi- 
mum benefit from the Idaho Code, a User's Guide has been included in the 
first, bound volume of this set. 



ADJOURNMENT DATES OF SESSIONS OF 
LEGISLATURE 

Year Adjournment Date 

2009 May 8, 2009 

2010 March 29, 2010 

2011 April 7, 2011 

2012 ?.... March 29, 2012 



vn 



TITLE 49 
MOTOR VEHICLES 



9. 
10. 



Definitions, §§ 49-102, 49-104 — 49-106, 
49-107, 49-110, 49-114, 49-117, 49-120, 
49-122, 49-123. 

General, §§ 49-201, 49-202, 49-207, 49- 
208, 49-240. 

Motor Vehicle Driver's Licenses, §§ 49- 
301, 49-302, 49-304 — 49-307, 49-313 
— 49-315, 49-317, 49-319, 49-321, 49- 
322, 49-326, 49-328, 49-335, 49-337. 

Motor Vehicle Registration, §§ 49-401B, 
49-402, 49-402D, 49-403B, 49-411, 49- 
415G, 49-416C, 49-417B, 49-418, 49- 
419E, 49-420H — 49-420L, 49-426, 49- 
428, 49-432, 49-434, 49-451, 49-454, 
49-456. 

Vehicle Titles, §§ 49-502, 49-504, 49-509, 
49-523, 49-524. 

Rules of the Road, §§ 49-601, 49-613, 49- 
623, 49-624, 49-654, 49-663. 

Vehicle Equipment, §§ 49-948, 49-959. 
Weight, Speed and Tire Regulations, 
§§ 49-1004, 49-1010. 



chapter. 

12. Motor Vehicle Financial Responsibility, 
§§ 49-1223, 49-1224, 49-1232, 49-1234. 
Traffic — Enforcement and General Pro- 
visions, §§ 49-1401A, 49-1416, 49- 
1421 A. 
Dealers and Salesmen Licensing, §§ 49- 
1602, 49-1603, 49-1607, 49-1613, 49- 
1614, 49-1626, 49-1627, 49-1637. 
Towing and Storage of Motor Vehicles, 
§§ 49-1802 — 49-1804, 49-1807 — 49- 
1809, 49-1811 — 49-1816, 49-1819. 

MULTISTATE HIGHWAY TRANSPORTATION AGREE- 
MENT, § 49-1901. 

Commercial Driver Schools. [Repealed.] 

Hazardous Materials/Hazardous Waste 
Transportation Enforcement, § 49-2203. 

Miscellaneous, §§ 49-2427, 49-2444. 

Motor Vehicle Service Contracts, §§ 49- 
2803, 49-2805A, 49-2806, 49-2811. 

Rural Economic Development and Inte- 
grated Freight Transportation. Program, 
§§ 49-2902, 49-2904, 49-2905. 



14. 



16. 



18. 



19. 

21. 
22. 

24. 
28. 

29. 



SECTION. 






49-102. 


Definitions - 


-A. 


49-104. 


Definitions - 


-C. 


49-105. 


Definitions - 


-D. 


49-106. 


Definitions - 


-E. 


49-107. 


Definitions - 


-F. 


49-110. 


Definitions - 


-I. 



CHAPTER 


L 




DEFINITIONS 




SECTION. 






49-114. 


Definitions - 


-M. 


49-117. 


Definitions - 


-P. 


49-120. 


Definitions - 


-S. 


49-122. 


Definitions - 


-u. 


49-123. 


Definitions - 


-V 



49-102. Definitions — A. — (1) "Abandon" means to leave a vehicle on 
private property without the permission of the person having rights to the 
possession of the property, or on a highway or other property open to the 
public for the purposes of vehicular traffic or parking, or upon or within the 
right-of-way of any highway, for twenty-four (24) hours or longer. 

(2) "Abandoned vehicle" means any vehicle observed by an authorized 
officer or reported by a member of the public to have been left within the 
limits of any highway or upon the property of another without the consent 
of the property owner for a period of twenty-four (24) hours or longer, except 
that a vehicle shall not be considered abandoned if its owner-operator is 
unable to remove it from the place where it is located and has notified a law 
enforcement agency and requested assistance. 

(3) "Accident" means any event that results in an unintended injury or 
property damage attributable directly or indirectly to the motion of a motor 
vehicle or its load, a snowmobile or special mobile equipment. 



1 



49-102 MOTOR VEHICLES 2 

(4) "Actual physical control" means being in the driver's position of a 
motor vehicle with the motor running or the vehicle moving. 

(5) "Administrator" means the federal highway administrator, the chief 
executive of the federal highway administration, an agency within the U.S. 
department of transportation. 

(6) "Age of a motor vehicle" means the age determined by subtracting the 
manufacturer's year designation of the vehicle from the year in which the 
designated registration fee is paid. If the vehicle has the same manufactur- 
er's year designation as the year in which the fee is paid, or if a vehicle has 
a manufacturer's year designation later than the year in which the fee is 
paid, the vehicle shall be deemed to be one (1) year old. 

(7) "Air-conditioning equipment" means mechanical vapor compression 
refrigeration equipment which is used to cool the driver's or passenger 
compartment of any motor vehicle. 

(8) "Alcohol or alcoholic beverage" means: 

(a) Beer as denned in 26 U.S.C. section 5052(a), of the Internal Revenue 
Code; 

(b) Wine of not less than one-half of one percent (.005%) of alcohol by 
volume; or 

(c) Distilled spirits as denned in section 5002(a)(8), of the Internal 
Revenue Code. 

(9) "Alley" means a public way of limited use intended only to provide 
access to the rear or side of lots or buildings in urban districts. 

(10) "All-terrain vehicle" or "ATV" means an all-terrain vehicle or ATV as 
denned in section 67-7101, Idaho Code. 

(11) "Amateur radio operator." (See "Radio operator, amateur," section 
49-119, Idaho Code) 

(12) "Ambulance" means a motor vehicle designed and used primarily for 
the transportation of injured, sick, or deceased persons, on stretchers, cots, 
beds, or other devices for carrying persons in a prone position. 

(13) "Applicant" means an individual who applies to obtain, transfer, 
upgrade, or renew a driver's license. 

(14) "Approved driver training course" means a training course from a 
school licensed under the provisions of chapter 21 of this title or a driver 
training course approved by another United States jurisdiction provided the 
course was taken while an individual was a resident of that United States 
jurisdiction. 

(15) "Approved testing agency" means a person, firm, association, part- 
nership or corporation approved by the director of the Idaho state police 
which is: 

(a) In the business of testing equipment and systems; 

(b) Recognized by the director as being qualified and equipped to do 
experimental testing; and 

(c) Not under the jurisdiction or control of any single manufacturer or 
supplier for an affected industry. 

(16) "Armed forces" means the army, navy, marine corps, coast guard and 
the air force of the United States. 

(17) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho 
Code) 



3 DEFINITIONS 49-104 

(18) "Authorized officer" means any member of the Idaho state police, or 
any regularly employed and salaried deputy sheriff, or other county em- 
ployee designated to perform the function of removing abandoned vehicles 
or junk vehicles by the board of county commissioners of the county in which 
a vehicle is located, or any regularly employed and salaried city peace officer 
or other city employee designated to perform the function of removing 
abandoned vehicles or junk vehicles by the city council, or a qualified person 
deputized or appointed by the proper authority as reserve deputy sheriff or 
city policeman, authorized within the jurisdiction in which the abandoned 
vehicle or junk vehicle is located. 

(19) "Authorized transportation department employee" means any em- 
ployee appointed by the board to perform duties relating to enforcement of 
vehicle laws as have been specifically defined and approved by order of the 
board (see section 40-510, Idaho Code). 

(20) "Auto transporter" means a vehicle combination constructed for the 
purpose of transporting vehicles. 

History. § 25, p. 386; am. 2000, ch. 469, § 107, p. 

I.C., § 49-102, as added by 1988, ch. 265, 1450; am. 2003, ch. 87, § 1, p. 265; am. 2008, 

§ 2, p. 549; am. 1989, ch. 88, § 1, p. 151; am. ch. 18, § 1, p. 25; am. 2008, ch. 409, § 1, p. 

1990, ch. 391, § 1, p. 1092; am. 1991, ch. 288, 1125; am. 2009, ch. 157, § 2, p. 458; am. 2011, 

§ 1, p. 739; am. 1992, ch. 238, § 1, p. 707; am. c h. 158, § 1, p. 443. 
1993, ch. 334, § 1, p. 1234; am. 1995, ch. 116, 

STATUTORY NOTES 

Amendments. sixty-one (61) inches or less, has handlebar 

The 2009 amendment, by ch. 157, in sub- steering and a seat designed to be straddled 

section (10), deleted "traveling on low pres- by the operator." 

sure tires of ten (10) psi or less" preceding _, , . _ - 

«i , ,1 , , . „ Federal References. 

mi „„.,., , ' , i -, rn Section 5002(a)(8) of the Internal Revenue 

The 2011 amendment by ch. 158, rewrote Cod referred tQ [n suMivision (8)(c) of this 

subsection (10 , which formerly read: All- sect; ig iled as 26 us . c _ § 50 02(a)(8). 

terrain vehicle or ATV means any recreation 

vehicle with three (3) or more tires, weighing Effective Dates. 

under nine hundred (900) pounds, fifty (50) Section 17 of S.L. 2009, ch. 157 declared an 

inches or less in width, having a wheelbase of emergency. Approved April 9, 2009. 

49-104. Definitions — C. — (1) "Cancellation of driver's license" 
means the annulment or termination by formal action of the department of 
a person's driver's license because of some error or defect in the driver's 
license or because the licensee is no longer entitled to the driver's license. 
The cancellation of a driver's license is without prejudice and after compli- 
ance with requirements, the individual may apply for a new driver's license 
at any time after cancellation. 

(2) "Caravaning" means the transportation of any motor vehicle into, out 
of, or within the state operating on its own wheels or in tow for the purpose 
of sale or offer of sale by any agent, dealer, manufacturer's representative, 
purchaser, or prospective purchaser, regardless of residence unless the 
motor vehicle is licensed by the state of Idaho, or is owned by an automobile 
dealer, duly licensed as a dealer by this state. It shall also be considered as 
the transportation of property for hire by a motor vehicle upon the highways 
of this state. 



49-104 MOTOR VEHICLES 4 

(3) "Certificate of liability insurance" means a certificate of liability 
insurance issued by an insurance company authorized to do business in this 
state or a certificate of liability insurance issued by the department of 
insurance which demonstrates current insurance against loss resulting 
from liability imposed by law for bodily injury or death or damage to 
property suffered by any person caused by accident and arising out of the 
operation, maintenance or use of a motor vehicle described in the certificate 
in an amount not less than that required by section 49-117(18), Idaho Code, 
and also demonstrates the current existence of any other coverage required 
by title 41, Idaho Code, or a certificate of self-insurance issued pursuant to 
law for each motor vehicle to be registered. A certificate of liability insurance 
shall contain the information required by the department of insurance, 
including the name and address of the owner of the motor vehicle and a 
description of the motor vehicle including identification number if there is 
one, or a statement that all vehicles owned by a person or entity are covered 
by insurance, the inception date of coverage, and the name of the insurer. 
"Certificate of liability insurance" may also include the original contract of 
liability insurance or a true copy, demonstrating the current existence of the 
liability insurance described in this subsection. 

(4) "Certification of safety compliance" means that a motor carrier certi- 
fies as part of its registration process that it has knowledge of the federal 
regulations and rules promulgated by the Idaho transportation department 
and the Idaho state police applicable to motor carriers. 

(5) "Chains" means metal traction devices required pursuant to section 
49-948, Idaho Code, which consist of two (2) circular metal loops, one (1) on 
each side of the tire, connected by not less than nine (9) evenly-spaced 
chains across the tire tread. 

(6) "Coerce" means to compel or attempt to compel by threat or use of 
force. 

(7) "Commercial coach." (See section 39-4301, Idaho Code) 

(8) "Commercial driver's license" means any class A, class B or class C 
driver's license as defined in section 49-105, Idaho Code. 

(9) "Commercial driver license information system (CDLIS)" is the infor- 
mation system established to serve as a clearinghouse for locating informa- 
tion related to the licensing and identification of motor vehicle drivers. 

(10) "Commercial driver training school" means a business enterprise 
conducted by an individual, association, partnership, or corporation, for the 
education and training of persons, either practically or theoretically, or both, 
to operate or drive motor vehicles, and charging a consideration or tuition 
for such services. 

(11) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle," 
section 49-123, Idaho Code) 

(12) "Compliance review" means an on-site examination of motor carrier 
operations, which may be at the carrier's place of business, including 
driver's hours of service, vehicle maintenance and inspection, driver quali- 
fications, commercial driver's license requirements, financial responsibility, 
accidents, hazardous materials, and such other related safety and transpor- 
tation records to determine safety fitness. 



5 DEFINITIONS 49-105 

(13) "Controlled substance" means any substance so classified under 
section 102(6) of the controlled substances act, 21 U.S.C. 802(6), and 
includes all substances listed on schedules I through V, of 21, CFR part 
1308, as they may be revised from time to time. 

(14) "Conviction" means: 

(a) The person has pled guilty or has been found guilty, notwithstanding 
the form of the judgment or withheld judgment. A conviction for purposes 
of this title shall also include an infraction judgment. 

(b) For purposes of disqualification or withdrawal of commercial vehicle 
driving privileges only, "conviction" means an unvacated adjudication of 
guilt, or determination that a person has violated or failed to comply with 
the law in a court of original jurisdiction or by an authorized administra- 
tive tribunal, an unvacated forfeiture of bail or collateral deposited to 
secure the person's appearance in court, a plea of guilty or nolo contendere 
accepted by the court, the payment of a fine or court cost, or violation of a 
condition of release without bail, regardless of whether or not the penalty 
is rebated, suspended or probated. 

(15) "Crosswalk" means: 

(a) That part of a highway at an intersection included within the 
connections of the lateral lines of the sidewalks on opposite sides of the 
highway measured from the curbs or in the absence of curbs, from the 
edges of the traversable highway; and in the absence of a sidewalk on one 
side of the highway, that part of a highway included within the extension 
of the lateral lines of the existing sidewalk at right angles to the 
centerline. 

(b) Any portion of a highway at an intersection or elsewhere distinctly 
indicated for pedestrian crossing by lines or other markings on the 
surface. 

History. § 2, p. 237; am. 1999, ch. 383, § 3, p. 1051; 

I.C., § 49-104, as added by 1988, ch. 265, am. 2000, ch. 469, § 108, p. 1450; am. 2005, 

§ 2, p. 549; am. 1989, ch. 88, § 2, p. 151; am. ch. 83, § 1, p. 296; am. 2007, ch. 252, § 6, p. 

1989, ch. 310, § 1, p. 769; am. 1990, ch. 45, 737; am. 2008, ch. 330, § 1, p. 902; am. 2010, 

§ 2, p. 71; am. 1996, ch. 370, § 1, p. 1244; am. ch. 49, § 1, p. 89; am. 2011, ch. 327, § 1, p. 

1998, ch. 110, § 5, p. 375; am. 1999, ch. 81, 952. 

STATUTORY NOTES 

Amendments. paragraph (13)(a); and added paragraph 

The 2010 amendment, by ch. 49, in subsec- (13)(b). 

tion (3), in the first sentence, substituted The 2011 amendment, by ch. 327, added 

"section 49-117(18)" for "section 49-1212"; di- present subsection (6) and redesignated the 

yided former subsection (13) into the present subsequent subsections, 
introductory paragraph in subsection (13) and 

49-105. Definitions — D. — (1) "Dealer" means every person in the 
business of buying, selling or exchanging five (5) or more new or used 
vehicles, new or used neighborhood electric vehicles, new or used motorcy- 
cles, motor-driven cycles, snow machines or motorbikes, travel trailers, 
truck campers, all-terrain vehicles, utility type vehicles or motor homes in 
any calendar year, either outright or on conditional sale, bailment, lease, 



49-105 MOTOR VEHICLES 6 

chattel mortgage, or otherwise, or who has an established place of business 
for the sale, lease, trade, or display of these vehicles. No insurance company, 
bank, finance company, public utilities company, or other person coming into 
possession of any vehicle, as an incident to its regular business, who shall 
sell that vehicle under any contractual rights it may have, shall be 
considered a dealer. See also "salvage pool," section 49-120, Idaho Code. 

(2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho 
Code) 

(3) "Department" means the Idaho transportation department acting 
directly or through its duly authorized officers and agents, except in 
chapters 6 and 9, title 49, Idaho Code, where the term means the Idaho state 
police, except as otherwise specifically provided. 

(4) "Designated family member" means the spouse, child, grandchild, 
parent, brother or sister of the owner of a vehicle dealership who, in the 
event of the owner's death, is entitled to inherit the ownership interest in 
the dealership under the same terms of the owner's will, or who has been 
nominated in any other written instrument, or who, in the case of an 
incapacitated owner of a dealership, has been appointed by a court as the 
legal representative of the dealer's property. 

(5) "Director" means the director of the Idaho transportation department, 
except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means 
the director of the Idaho state police. 

(6) "Disclose" means to engage in any practice or conduct to make 
available and make known personal information contained in records of the 
department about a person to any other person, organization or entity, by 
any means of communication. 

(7) "Disqualification" as defined in 49 CFR part 383, means withdrawal 
by the department of commercial vehicle driving privileges. 

(8) "Distributor" means any person, firm, association, corporation or 
trust, resident or nonresident, who has a franchise from a manufacturer of 
vehicles to distribute vehicles in this state, and who in whole or in part sells 
or distributes new vehicles to dealers or who maintains distributor repre- 
sentatives. 

(9) "Distributor branch" means a branch office similarly maintained by a 
distributor for the same purposes a factory branch is maintained. 

(10) "Distributor representative" means any person, firm, association, 
corporation or trust, and each officer and employee thereof engaged as a 
representative of a distributor or distributor branch of vehicles for the 
purpose of making or promoting the sale of vehicles, or for supervising or 
contacting dealers or prospective dealers. 

(11) "District" means: 

(a) Business district. The territory contiguous to and including a highway 
when within any six hundred (600) feet along the highway there are 
buildings in use for business or industrial purposes, including hotels, 
banks or office buildings, railroad stations and public buildings which 
occupy at least three hundred (300) feet of frontage on one side or three 
hundred (300) feet collectively on both sides of the highway. 

(b) Residential district. The territory contiguous to and including a 
highway not comprising a business district when the property on the 



7 DEFINITIONS 49-105 

highway for a distance of three hundred (300) feet or more is in the main 
improved with residences, or residences and buildings in use for business. 
(c) Urban district. The territory contiguous to and including any highway 
which is built up with structures devoted to business, industry or dwelling 
houses. For purposes of establishing speed limits in accordance with the 
provisions of section 49-654, Idaho Code, no state highway or any portion 
thereof lying within the boundaries of an urban district is subject to the 
limitations which otherwise apply to nonstate highways within an urban 
district. 

(12) "Documented vessel" means a vessel having a valid marine docu- 
ment as a vessel of the United States. 

(13) "Downgrade" as it pertains to commercial drivers licensing shall 
mean either: 

(a) The driver has changed his or her medical requirement self-certifica- 
tion to interstate but operates exclusively in transportation or operations 
excepted from part 391 of the federal motor carrier safety regulations; or 

(b) The driver has changed his or her medical requirement self-certifica- 
tion to intrastate and operates exclusively in transportation or operations 
as listed in section 67-2901B(2), Idaho Code; or 

(c) The driver no longer has commercial motor vehicle driving privileges, 
but has retained privileges to drive noncommercial motor vehicles. 

(14) "Drag race" means the operation of two (2) or more vehicles from a 
point side by side at accelerating speeds in a competitive attempt to 
outdistance each other, or the operation of one (1) or more vehicles over a 
common selected course, from the same point to the same point, for the 
purpose of comparing the relative speeds or power of acceleration of the 
vehicles within a certain distance or time limit. 

(15) "Driver" means every person who drives or is in actual physical 
control of a vehicle. 

(16) "Driver's license" means a license or permit issued by the depart- 
ment or by any other jurisdiction to an individual which authorizes the 
individual to operate a motor vehicle or commercial motor vehicle on the 
highways in accordance with the requirements of title 49, Idaho Code. 

(17) "Driver's license — Classes of" are issued for the operation of a 
vehicle based on the size of the vehicle or the type of load and mean: 

(a) Class A. This license shall be issued and valid for the operation of any 
combination of motor vehicles with a manufacturer's gross combination 
weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 
provided the manufacturer's gross vehicle weight rating (GVWR) of the 
vehicle(s) being towed is in excess of ten thousand (10,000) pounds. 
Persons holding a valid class A license may also operate vehicles requiring 
a class B, C or D license. 

(b) Class B. This license shall be issued and valid for the operation of any 
single vehicle with a manufacturer's gross vehicle weight rating (GVWR) 
in excess of twenty-six thousand (26,000) pounds, or any such vehicle 
towing a vehicle not in excess often thousand (10,000) pounds manufac- 
turer's gross vehicle weight rating (GVWR). Persons holding a valid class 
B license may also operate vehicles requiring a class C license or a class 
D license. 



49-105 MOTOR VEHICLES 8 

(c) Class C. This license shall be issued and valid for the operation of any 
single vehicle or combination of vehicles that does not meet the definition 
of class A or class B, as defined in this section, but that either is designed 
to transport sixteen (16) or more people including the driver, or is of any 
size which does not meet the definition of class A or class B and is used in 
the transportation of materials found to be hazardous according to the 
hazardous material transportation act and which requires the motor 
vehicle to be placarded under the federal hazardous materials regulations 
49 CFR part 172, subpart F. Persons holding a valid class C license may 
also operate vehicles requiring a class D license. 

(d) Class D. This license shall be issued and valid for the operation of a 
motor vehicle that is not a commercial vehicle as defined in section 49-123, 
Idaho Code. 

(e) "Seasonal driver's license" means a special restricted class B or C 
driver's license to operate certain commercial vehicles in farm-related 
industries under restrictions imposed by the department. As used in this 
definition, "farm-related industry" shall mean custom harvesters, farm 
retail outlets and suppliers, agri-chemical businesses and livestock feed- 
ers. Seasonal driver's licenses are not valid for driving vehicles carrying 
any quantities of hazardous material requiring placarding, except for 
diesel fuel in quantities of one thousand (1,000) gallons or less, liquid 
fertilizers, i.e., plant nutrients, in vehicles or implements of husbandry 
with total capacities of three thousand (3,000) gallons or less, and solid 
fertilizers, i.e., solid plant nutrients, that are not mixed with any organic 
substance. 

(18) "Driver record" means any record that pertains to an individual's 
driver's license, driving permit, driving privileges, driving history, identifi- 
cation documents or other similar credentials issued by the department. 

(19) "Driver's license endorsements" means special authorizations that 
are required to be displayed on a driver's license which permit the driver to 
operate certain types of commercial vehicles or commercial vehicles hauling 
certain types of cargo, or to operate a motorcycle or a school bus. 

(a) "Endorsement T — Double/Triple trailer" means this endorsement is 
required on a class A, B or C license to permit the licensee to operate a 
vehicle authorized to tow more than one (1) trailer. 

(b) "Endorsement H — Hazardous material" means this endorsement is 
required on a class A, B or C license if the driver is operating a vehicle 
used in the transportation of materials found to be hazardous according to 
the hazardous material transportation act and which requires the motor 
vehicle to be placarded under the federal hazardous materials regulations 
49 CFR part 172, subpart F. 

(c) "Endorsement P — Passenger" means this endorsement is required on 
a class A, B or C license to permit the licensee to operate a vehicle 
designed to transport sixteen (16) or more people including the driver. 

(d) "Endorsement N — Tank vehicle" means this endorsement is required 
on a class A, B or C license to permit the licensee to operate a vehicle 
which is designed to transport any liquid or gaseous materials within a 
tank that is either permanently or temporarily attached to the vehicle. 



9 DEFINITIONS 49-106 

Such vehicles include, but are not limited to, cargo tanks and portable 
tanks, as denned in federal regulations 49 CFR part 171. This definition 
does not include portable tanks having a rated capacity under one 
thousand (1,000) gallons. 

(e) "Endorsement M — Motorcycle" means this endorsement is required 
on a driver's license to permit the driver to operate a motorcycle or 
motor-driven cycle. 

(f) "Endorsement S — School bus" means this endorsement is required on 
a class A, B or C license to permit the licensee to operate a school bus in 
accordance with 49 CFR part 383, to transport preprimary, primary or 
secondary school students from home to school, from school to home, or to 
and from school-sponsored events. School bus does not include a bus used 
as a common carrier. 

(20) "Driveway" means a private road giving access from a public way to 
a building on abutting grounds. 

(21) "Dromedary tractor" means every motor vehicle designed and used 
primarily for drawing a semitrailer and so constructed as to carry mani- 
fested cargo in addition to a part of the weight of the semitrailer. 

History. 1996, ch. 371, § 1, p. 1246; am. 1997, ch. 80, 

I.C., § 49-105, as added by 1988, ch. 265, § 3, p. 165; am. 1997, ch. 155, § 1, p. 438; am. 

§ 2, p. 549; am. 1989, ch. 88, § 3, p. 151; am. 1998, ch. 110, § 6, p. 375; am. 2000, ch. 469, 

1989, ch. 285, § 1, p. 549; am. 1989, ch. 310, § 109, p. 1450; am. 2005, ch. 183, § 1, p. 558; 

§ 2, p. 769; am. 1990, ch. 45, § 3, p. 71; am. am. 2005, ch. 352, § 4, p. 1085; am. 2006, ch. 

1991, ch. 89, § 1, p. 196; am. 1991, ch. 272, 42, § 4, p. 122; am. 2008, ch. 106, § 1, p. 294; 

§ 2, p. 686; am. 1992, ch. 115, § 1, p. 345; am. a m. 2008, ch. 198, § 1, p. 630; am. 2011, ch. 

1993, ch. 300, § 1, p. 1105; am. 1994, ch. 234, 60, § 1, p. 124; am. 2012, ch. 325, § 1, p. 894. 
§ 1, p. 728; am. 1996, ch. 270, § 1, p. 872; am. 

STATUTORY NOTES 

Amendments. referred to in subsections (17)(c) and (19)(b), 

The 2011 amendment, by ch. 60, added was repealed in 1994. See now the hazardous 

present subsection (13) and renumbered the materials transportation authorization act of 

subsequent subsections accordingly. 1994, 49 U.S.C.S. § 5101 et seq. 
The 2012 amendment, by ch. 325, deleted 

"Provided, this subsection shall not limit the Effective Dates 

authority of the duly elected officials of an Section g of g £ 2Q ch 6Q {ded ^ 

incorporated city acting as a local authority to , , , , , 1 , , & , -, r , T 

1 ^ , :,,., & , , , , , J the act should take effect on and after Janu- 

decrease speed limits on state highways pass- on or . 10 n , , cn , , .,v , 

,1 K j.^, -4.I.- 4j. • ary 30, 2012. Chapter 60 became law without 

mg through any district within the mcorpo- .-.<.! . n .f 

rated city" from the end of paragraph (ll)(c). the signature of the governor. 

Federal References. 

The hazardous material transportation act, 

49-106. Definitions — E. — (1) "Electric personal assistive mobility 
device" means a self-balancing two (2) nontandem wheeled device designed 
to transport only one (1) person, with an electric propulsion system that 
limits the maximum speed of the device to fifteen (15) miles per hour or less. 

(2) "Emergency vehicle." (See "Vehicle," section 49-123, Idaho Code) 

(3) "Encumbrance." (See "Lien," section 49-113, Idaho Code) 

(4) "EPA" means the environmental protection agency of the United 
States. 



49-106 MOTOR VEHICLES 10 

(5) "Essential parts" means all integral and body parts of a vehicle of a 
type required to be registered, the removal, alteration or substitution of 
which would tend to conceal the identity of the vehicle or substantially alter 
its appearance, model, type or mode of operation. 

(6) "Established place of business" means a place occupied either contin- 
uously or at regular periods by a dealer or manufacturer where his books 
and records are kept and a large share of his business is transacted. 

(7) "Excessive" or "unusual noise" means any sound made by a passenger 
motor vehicle or a motorcycle at any time under any condition of grade, 
speed, acceleration or deceleration, which exceeds ninety-two (92) decibels, 
or any lower decibel level that is fixed by law or rules adopted by the board 
of health and welfare, on the "A" scale of a general radio company No. 
155 1-B sound level meter, or equivalent, stationed at a distance of not less 
than twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or 
motorcycle passes the soundmeter or is stationed not less than twenty (20) 
feet from a stationary motor or engine. 

(8) "Excessive speed" means any speed of fifteen (15) miles per hour or 
more above the posted speed limit, and is only for purposes of determining 
disqualification of commercial driving privileges. 

(9) "Executive head," as used in chapter 20, title 49, Idaho Code, means 
the governor of the state of Idaho. 

(10) "Explosives" means any chemical compound or mechanical mixture 
that is commonly used or intended for the purpose of producing an explosion 
and which contains any oxidizing and combustive units or other ingredients 
in proportions, quantities or packing that an ignition by fire, by friction, by 
concussion, by percussion or by detonator of any part of the compound or 
mixture may cause a sudden generation of highly heated gases with which 
the resultant gaseous pressures are capable of producing destructive effects 
on contiguous objects or of destroying life or limb. 

(11) "Extraordinary circumstances" means any situation where an emer- 
gency exists or public safety is endangered, or any situation in which a 
vehicle: 

(a) Is blocking or impeding traffic; or 

(b) Is causing a hazard; or 

(c) Has the potential of impeding any emergency vehicle; or 

(d) Is impeding any snow removal or other road maintenance operation; 
or 

(e) Has been stolen but not yet reported as recovered; or 

(f) Is not registered, or displays a license plate registration tag which has 
been expired; or 

(g) Has been involved in an accident and remains on the highway; or 
(h) The driver has been arrested. 

History. § 4, p. 71; am. 1998, ch. 392, § 1, p. 1197; am. 

I.C., § 49-106, as added by 1988, ch. 265, 2002, ch. 160, § 1, p. 466; am. 2010, ch. 171, 

§ 2, p. 549; am. 1989, ch. 88, § 4, p. 151; am. § 1, p. 348. 
1989, ch. 113, § 1, p. 255; am. 1990, ch. 45, 



11 DEFINITIONS 49-107 

STATUTORY NOTES 

Amendments. 

The 2010 amendment, by ch. 171, added 
paragraphs (ll)(g) and (ll)(h). 

49-107. Definitions — F. — (1) "Factory branch" means a branch office 
maintained by a person who manufactures or assembles vehicles for sale to 
distributors or to dealers, or for directing or supervising, in whole or in part, 
its representatives. 

(2) "Factory representative" means any person and each officer and 
employee engaged as a representative of a manufacturer of vehicles or by a 
factory branch for the purpose of making or promoting a sale of their 
vehicles, or for supervising or contacting their dealers or prospective 
dealers. 

(3) "Farm tractor" means every motor vehicle designed or adapted and 
used primarily as a farm implement power unit operated with or without 
other farm implements attached in any manner consistent with the struc- 
tural design of that power unit. 

(4) "Farm vehicle." (See "Vehicle," section 49-123, Idaho Code) 

(5) "Federal motor vehicle safety standards (FMVSS)" means those safety 
standards established by the national highway traffic safety administration, 
under title 49 CFR part 500-599, for the safe construction and manufactur- 
ing of self-propelled motorized vehicles for operation on public highways. 
Such vehicles as originally designed and manufactured shall be so certified 
by the manufacturer to meet the federal motor vehicle safety standards or 
the standards in force for a given model year or as certified by the national 
highway traffic safety administration. 

(6) "Felony" means any offense under state or federal law that is 
punishable by death or imprisonment for a term exceeding one (1) year. 

(7) "Fifth wheel trailer." (See "Trailer," section 49-121, Idaho Code) 

(8) "Financial institution" means any bank that is authorized to do 
business in the state of Idaho and any other financial institution that is 
registered with the department of finance. 

(9) "Flammable liquid" means any liquid which has a flash point of 70 
degrees Fahrenheit, or less, as determined by a tagliabue or equivalent 
closed-cup test device. 

(10) "Fleet" means one (1) or more apportionable vehicles. 

(11) "Fleet registration" means an optional form of registration through 
the department rather than a county assessor for registration of twenty-five 
(25) or more commercial or farm vehicles or any combination thereof. This 
registration is not an option for fleets of rental vehicles. Terms and 
conditions are further specified in section 49-434(5), Idaho Code. 

(12) "Fold down camping trailer." (See "Trailer," section 49-121, Idaho 
Code) 

(13) "Foreign vehicle." (See "Vehicle," section 49-123, Idaho Code) 

(14) "Franchise" means a sales, service and parts agreement or any other 
contract or agreement between a dealer and a manufacturer of new vehicles 
or its distributor or factory branch by which the dealer is authorized to 



49-110 MOTOR VEHICLES 12 

engage in the business of selling any specified make or makes of new 
vehicles. 

(15) "Full-time salesman" means any person employed as a vehicle 
salesman on behalf of a dealer for thirty (30) or more hours per week, and 
who sells, purchases, exchanges or negotiates for the sale, purchase or 
exchange of five (5) or more vehicles during each year in which his license is 
in effect. 

History. 1991, ch. 272, § 3, p. 686; am. 1998, ch. 392, 

I.C., § 49-107, as added by 1988, ch. 265, § 2, p. 1197; am. 2008, ch. 198, § 2, p. 633; 
§ 2, p. 549; am. 1989, ch. 88, § 5, p. 151; am. am. 2011, ch. 327, § 2, p. 952. 

STATUTORY NOTES 

Amendments. "sales, service and parts agreement or any 

The 2011 amendment, by ch. 327, inserted other" near the beginning of subsection (14). 

49-110. Definitions — I. — (1) "Identifying number" means: 

(a) Motor number. That identifying number stamped on the engine of a 
vehicle. 

(b) Vehicle identification number. The numbers and letters, if any, placed 
on a vehicle by the manufacturer for the purpose of identifying the 
vehicle. 

(2) "Implements of husbandry" means every vehicle including self-pro- 
pelled units, designed or adapted and used exclusively in agricultural, 
horticultural, dairy and livestock growing and feeding operations when 
being incidentally operated. Such implements include, but are not limited 
to, combines, discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, 
hay balers, harvesting and stacking equipment, pesticide applicators, plows, 
swathers, mint tubs and mint wagons, and farm wagons. A farm tractor 
when attached to or drawing any implement of husbandry shall be con- 
strued to be an implement of husbandry. "Implements of husbandry" do not 
include semitrailers, nor do they include motor vehicles or trailers, unless 
their design limits their use to agricultural, horticultural, dairy or livestock 
growing and feeding operations. 

(3) "Incidentally operated" means the transport of the implement of 
husbandry from one (1) farm operation to another. 

(4) "Individual record" means a record containing personal information 
about a designated person who is the subject of the record as identified in a 
request for information. 

(5) "Infraction" means a civil public offense, not constituting a crime, 
which is not punishable by incarceration and for which there is no right to 
a trial by jury or right to court-appointed counsel, and which is punishable 
by only a penalty not exceeding one hundred dollars ($100) and no 
imprisonment. 

(6) "Instruction permits": 

(a) "Class A, B or C instruction permit" means a temporary privilege to 
operate a motor vehicle for which a commercial driver's license is 
required; is available only to a person who is eighteen (18) years of age or 



13 DEFINITIONS 49-110 

older; is issued pursuant to the provisions of section 49-305, Idaho Code; 
and the permittee is subject to the conditions specified therein. 

(b) "Class D driver's training instruction permit" means a temporary 
privilege to operate a class D motor vehicle while attending classes as an 
enrollee of a public or private driver's training course only; is available to 
a person aged fourteen and one-half (14 1/2) and older; is issued to the 
instructor of the driver's training course; is issued and expires pursuant 
to the provisions of section 49-307, Idaho Code; and the permittee is 
subject to the conditions specified in section 49-307, Idaho Code. 

(c) "Class D instruction permit" means a temporary privilege to operate a 
class D motor vehicle which is available to a person under the age of 
seventeen (17) years who has successfully completed an approved driver's 
training course and has satisfied the requirements of a class D supervised 
instruction permit, or to any person seventeen (17) years of age or older; 
is valid for a period of one hundred eighty (180) days or as provided in 
section 49-305, Idaho Code, if applicable; privileges are limited to driving 
with a person who is at least eighteen (18) years of age who holds a valid 
class D driver's license and is actually occupying a seat beside the 
permittee; is issued pursuant to the provisions of section 49-305, Idaho 
Code; and the permittee is subject to the conditions specified in section 
49-305, Idaho Code. 

(d) "Class D supervised instruction permit" means a temporary privilege 
to operate a class D motor vehicle which is available to a person who is at 
least fourteen and one-half (14 1/2) years of age who has successfully 
completed an approved driver's training course. No person may apply for 
a class D driver's license until he has attained the age of at least fifteen 
(15) years and has successfully satisfied the requirements of this permit, 
as specified and issued pursuant to the provisions of section 49-307, Idaho 
Code. 

(7) "Instructor" means any person, whether acting for himself as operator 
of a commercial driver training school or for such a school for compensation, 
who teaches, conducts classes of, gives demonstrations to, or supervises 
practice of, persons learning to operate or drive motor vehicles. 

(8) "Insurer" means any insurer, public or private, which shall include, 
but not be limited to, insurance companies domiciled in the state of Idaho, 
agents, adjuster or any other person acting on behalf of any insurance not 
domiciled in the state of Idaho and any self-insured entity operating under 
Idaho insurance laws or rules. 

(9) "International registration plan" means a registration reciprocity 
agreement among the states of the United States and provinces of Canada 
providing for payment of registration and licensing fees on a proportional 
basis determined by the fleet miles operated in the various jurisdictions. 

(10) "Intersection" means: 

(a) The area embraced within the prolongation or connection of the 
lateral curb lines, or, if none, then the lateral boundary lines of the 
roadways of two (2) highways which join one another at, or approximately 
at, right angles, or the area within which vehicles traveling upon different 
highways joining at any other angle may come in conflict. 



49-114 MOTOR VEHICLES 14 

(b) Where a highway includes two (2) roadways thirty (30) feet or more 
apart, then every crossing of each roadway of the divided highway by an 
intersecting highway shall be regarded as a separate intersection. In the 
event an intersecting highway also includes two (2) roadways thirty (30) 
feet or more apart, then every crossing of two (2) roadways of the 
highways shall be regarded as a separate intersection. 

(c) The junction of an alley with a street or highway shall not constitute 
an intersection. 

History. 214, § 3, p. 583; am. 2000, ch. 418, § 2, p. 

I.C., § 49-110, as added by 1988, ch. 265, 1331; am. 2007, ch. 249, § 1, p. 730; am. 2008, 

§ 2, p. 549; am. 1996, ch. 327, § 1, p. 1117; ch. 194, § 1, p. 608; am. 2010, ch. 16, § 1, p. 

am. 1997, ch. 80, § 4, p. 165; am. 2000, ch. 21. 

STATUTORY NOTES 

Amendments. the first sentence of paragraph (6)(d), deleted 

The 2010 amendment, by ch. 16, in para- "and is valid for a minimum of six (6) 

graph (6)(b), substituted "and older" for "up to months", 
age seventeen (17) years"; and, at the end of 

49-114. Definitions — M. — (1) "Major component part" means a rear 
clip, cowl, frame or inner structure forward of the cowl, body, cab, front end 
assembly, front clip or such other part which is critical to the safety of the 
vehicle. 

(2) "Manifest" means a form used for identifying the quantity, composi- 
tion, origin, routing, waste or material identification code and destination of 
hazardous material or hazardous waste during any transportation within, 
through, or to any destination in this state. 

(3) "Manufactured home." (See section 39-4105, Idaho Code) 

(4) "Manufacturer" means every person engaged in the business of 
constructing or assembling vehicles of a type required to be registered at an 
established place of business in this state. The term, for purposes of sections 
49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall 
include a distributor and other factory representatives. 

(5) "Manufacturer's year designation" means the model year designated 
by the vehicle manufacturer, and not the year in which the vehicle is, in fact, 
manufactured. 

(6) "Maximum gross weight" means the scale weight of a vehicle, 
equipped for operation, to which shall be added the maximum load to be 
carried as declared by the owner in making application for registration. 
When a vehicle against which a registration fee is assessed is a combination 
of vehicles, the term "maximum gross weight" means the combined maxi- 
mum gross weights of all vehicles in the combination. 

(7) "Metal tire." (See "Tires," section 49-121, Idaho Code) 

(8) "Mileage" means actual distance that a vehicle has traveled. 

(9) "Moped" means a limited-speed motor-driven cycle having: 

(a) Both motorized and pedal propulsion that is not capable of propelling 
the vehicle at a speed in excess of thirty (30) miles per hour on level 
ground, whether two (2) or three (3) wheels are in contact with the ground 
during operation. If an internal combustion engine is used, the displace- 



15 DEFINITIONS 49-114 

ment shall not exceed fifty (50) cubic centimeters and the moped shall 
have a power drive system that functions directly or automatically 
without clutching or shifting by the operator after the drive system is 
engaged; or 

(b) Two (2) wheels or three (3) wheels with no pedals, which is powered 
solely by electrical energy, has an automatic transmission, a motor which 
produces less than two (2) gross brake horsepower, is capable of propelling 
the device at a maximum speed of not more than thirty (30) miles per hour 
on level ground and as originally manufactured, meets federal motor 
vehicle safety standards for motor-driven cycles. A moped is not required 
to be titled and no motorcycle endorsement is required for its operator. 

(10) "Motorbike" means a vehicle as defined in section 67-7101, Idaho 
Code. Such vehicle shall be titled and may be approved for motorcycle 
registration pursuant to section 49-402, Idaho Code, upon certification by 
the owner of the installation and use of conversion components that make 
the motorbike compliant with federal motor vehicle safety standards. 

(11) "Motorcycle" means every motor vehicle having a seat or saddle for 
the use of the rider and designed to travel on not more than three (3) wheels 
in contact with the ground that meets the federal motor vehicle safety 
standards as originally designed, and includes a converted motorbike, but 
does not include a motor-driven cycle, a motorbike, a tractor or a moped. 

(12) "Motor carrier" means an individual, partnership, corporation or 
other legal entity engaged in the transportation by motor vehicle of persons 
or property in the furtherance of a business or for hire. 

(13) "Motor-driven cycle" means a cycle with a motor that produces five 
(5) brake horsepower or less as originally manufactured that meets federal 
motor vehicle safety standards as originally designed, and does not include 
mopeds. Such vehicle shall be titled and a motorcycle endorsement is 
required for its operation. 

(14) "Motor home" means a vehicular unit designed to provide temporary 
living quarters, built into an integral part or permanently attached to a 
self-propelled motor vehicle chassis. The vehicle must contain permanently 
installed independent life support systems which meet the National Fire 
Protection Association (NFPA) 1192 Standard on Recreational Vehicles, and 
provide at least four (4) of the following facilities: cooking, refrigeration or 
icebox, self-contained toilet, heating and/or air conditioning, a potable water 
supply system, including a faucet and sink, separate 110-125 volt electrical 
power supply and/or LP-gas supply. 

(15) "Motorized wheelchair" means a motor vehicle with a speed not in 
excess of eight (8) miles per hour, designed for and used by a person with a 
disability. 

(16) "Motor number." (See "Identifying number," section 49-110, Idaho 
Code) 

(17) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code) 

(18) "Motor vehicle liability policy" means an owner's or operator's policy 
of liability insurance, certified as provided in section 49-1210, Idaho Code, 
as proof of financial responsibility, and issued by an insurance carrier duly 
authorized to transact business in this state, to or for the benefit of the 
person named therein as insured. 



49-117 MOTOR VEHICLES 16 

(19) "Motor vehicle record" means any record that pertains to a motor 
vehicle registration, motor vehicle title or identification documents or other 
similar credentials issued by the department or other state or local agency. 

History. am. 1999, ch. 383, § 4, p. 1051; am. 2000, ch. 

I.C., § 49-114, as added by 1988, ch. 265, 418, § 3, p. 1331; am. 2001, ch. 73, § 1, p. 

§ 2, p. 549; am. 1989, ch. 285, § 2, p. 695; am. 154; am. 2005, ch. 145, § 1, p. 456; am. 2006, 

1989, ch. 310, § 3, p. 769; am. 1994, ch. 234, ch. 360, § 1, p. 1097; am. 2008, ch. 198, § 3, p. 

§ 2, p. 728; am. 1995, ch. 339, § 1, p. 1119; 634; am. 2008, ch. 409, § 2, p. 1127; am. 2009, 

am. 1997, ch. 80, § 5, p. 165; am. 1998, ch. ch. 11, § 17, p. 14; am. 2010, ch. 235, § 35, p. 

392, § 3, p. 1197; am. 1999, ch. 81, § 3, p. 237; 542. 

STATUTORY NOTES 

Amendments. Vehicles" in subsection (14) and fixed the 

The 2009 amendment, by ch. 11, substi- designations in subsections (14) to (19). 

tuted "National Fire Protection Association The 2010 amendment, by ch. 235, substi- 

(NFPA) 1192 Standard on Recreational Vehi- tuted "person with a disability" for "handi- 

cles" for "American National Standards Insti- capped person" in subsection (15). 
tute (ANSI) A119.7 Standard for Recreational 

49-117. Definitions — P. — (1) "Park" or "parking" means the standing 
of a vehicle, whether occupied or not, other than temporarily for the purpose 
of and while actually engaged in loading or unloading property or passen- 
gers. 

(2) "Park trailer." (See "Trailer," section 49-121, Idaho Code) 

(3) "Part-time salesman" means any person employed as a vehicle sales- 
man on behalf of a dealer less than thirty (30) hours per week. 

(4) "Peace officer." (See section 19-5101(d), Idaho Code) 

(5) "Pedestrian" means any person afoot and any person operating a 
wheelchair or a motorized wheelchair or an electric personal assistive 
mobility device. 

(6) "Pedestrian path" means any path, sidewalk or way set-aside and 
used exclusively by pedestrians. 

(7)(a) "Person" means every natural person, firm, fiduciary, copartner- 
ship, association, corporation, trustee, receiver or assignee for the benefit 
of creditors, political subdivision, state or federal governmental depart- 
ment, agency, or instrumentality, and for the purposes of chapter 22 of 
this title shall include a private, common or contract carrier operating a 
vehicle on any highway of this state, 
(b) "Person with a disability" means: 

(i) A person who is unable to walk two hundred (200) feet or more 
unassisted by another person; 

(ii) A person who is unable to walk two hundred (200) feet or more 
without the aid of a walker, cane, crutches, braces, prosthetic device or 
a wheelchair; or 

(hi) A person who is unable to walk two hundred (200) feet or more 
without great difficulty or discomfort due to the following impairments: 
neurological, orthopedic, respiratory, cardiac, arthritic disorder, blind- 
ness, or the loss of function or absence of a limb. 

(iv) For the purposes of chapters 3 and 4 of this title, a person with a 
permanent disability is one whose physician certifies that the person 



17 DEFINITIONS 49-117 

qualifies as a person with a disability pursuant to this subsection (7)(b), 
and further certifies that there is no expectation for a fundamental or 
marked change in the person's condition at any time in the future. 

(8) "Personal information" means information that identifies an individ- 
ual, including an individual's photograph or computerized image, social 
security number, driver identification number, name, address, telephone 
number, and medical or disability information, but does not include infor- 
mation on vehicular accidents, driving or equipment-related violations, the 
five-digit zip code of the person's address, or status of the driver's license or 
motor vehicle registration. 

(9) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code) 

(10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code) 

(11) "Possessory lien" means a lien dependent upon possession for com- 
pensation to which a person is legally entitled for making repairs or 
performing labor upon, and furnishing supplies or materials for, and for the 
towing, storage, repair, or safekeeping of, any vehicle of a type subject to 
registration. 

(12) "Possessory lienholder" means any person claiming a lien, that lien 
claimed to have accrued on a basis of services rendered to the vehicle which 
is the subject of the lien. 

(13) "Preceding year" means, for the purposes of section 49-435, Idaho 
Code, a period of twelve (12) consecutive months fixed by the department, 
prior to July 1 of the year immediately preceding the commencement of the 
registration or license year for which proportional registration is sought. 
The department in fixing the period shall make it conform to the terms, 
conditions and requirements of any applicable agreement or arrangement 
for the proportional registration of vehicles. 

(14) "Pressure regulator valve" means a device or system which governs 
the load distribution and controls the weight borne by a variable load 
suspension axle in accordance with a predetermined valve setting. 

(15) "Principal place of business" means an enclosed commercial struc- 
ture located within the state, easily accessible and open to the public at all 
reasonable times, with an improved display area large enough to display 
iive (5) or more vehicles of the type the dealer is licensed to sell, immediately 
adjoining the building, and at which the business of a dealership, including 
the display and repair of vehicles, may be lawfully carried on in accordance 
with the terms of all applicable building codes, zoning and other land-use 
regulatory ordinances, and in which building the public shall be able to 
contact the dealer or his salesmen in person or by telephone at all 
reasonable times. The books, records and files necessary to conduct the 
business of the dealership must be kept or reproduced electronically at the 
dealership's licensed location(s). A dealership keeping its physical books, 
records and files at an off-site location must notify the department in writing 
of such location at least thirty (30) days in advance of moving such books, 
records and files off-site. Physical books, records and files must be made 
available to the department upon request within three (3) business days of 
such request. The principal place of business shall display an exterior sign 
permanently affixed to the land or building, with letters clearly visible to the 



49-117 MOTOR VEHICLES 18 

major avenue of traffic. In no event shall a room or rooms in a hotel, rooming 
house, or apartment house building or a part of any single or multiple unit 
dwelling house be considered a "principal place of business" within the 
terms and provisions of this title unless the entire ground floor of that hotel, 
apartment house, or rooming house building or dwelling house be devoted 
principally to and occupied for commercial purposes, and the office or offices 
of the dealer be located on the ground floor. 

(16) "Private property open to the public" means real property not owned 
by the federal government or the state of Idaho or any of its political 
subdivisions, but is available for vehicular traffic or parking by the general 
public with the permission of the owner or agent of the real property. 

(17) "Private road" means every way or place in private ownership and 
used for vehicular travel by the owner and those having express or implied 
permission from the owner, but not by other persons. 

(18) "Proof of financial responsibility" means proof of ability to respond in 
damages for liability, on account of accidents occurring subsequent to the 
effective date of the proof, arising out of the ownership, maintenance or use 
of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000) 
because of bodily injury to or death of one (1) person in any one (1) accident, 
and, subject to the limit for one (1) person, in the amount of fifty thousand 
dollars ($50,000) because of bodily injury to or death of two (2) or more 
persons in any one (1) accident, and in the amount of fifteen thousand 
dollars ($15,000) because of injury to or destruction of property of others in 
any one (1) accident. 

(19) "Proper authority" means a public highway agency. 

(20) "Public highway agency" means the state transportation depart- 
ment, any city, county, highway district or any other state agency which has 
jurisdiction over public highway systems and public rights-of-way. 

(21) "Public right-of-way" means a right-of-way open to the public and 
under the jurisdiction of a public highway agency, where the public highway 
agency has no obligation to construct or maintain said right-of-way for 
vehicular traffic. 

(22) "Public road jurisdiction" means a public highway agency. 

(23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho Code) 

History. 1995, ch. 122, § 1, p. 526; am. 1997, ch. 80, 

I.C., § 49-117, as added by 1988, ch. 265, § 6, p. 165; am. 1998, ch. 392, § 4, p. 1197; 

§ 2, p. 549; am. 1991, ch. 272, § 4, p. 686; am. am. 2001, ch. 332, § 1, p. 1165; am. 2002, ch. 

1992, ch. 35, § 1, p. 99; am. 1994, ch. 264, § 2, 160, § 2, p. 466; am. 2011, ch. 71, § 1, p. 149. 
p. 813; am. 1994, ch. 321, § 2, p. 1025; am. 

STATUTORY NOTES 

Amendments. ship's licensed location(s)" at the end of the 
The 2011 amendment, by ch. 71, in subsec- second sentence, and added the third and 
tion (15), substituted "business of a dealer- fourth sentences, 
ship" for "business of a dealer" near the mid- 
dle and deleted "and at which place of Compiler's Notes. 

business shall be kept and maintained" fol- The reference to section 49-435 in subsec- 

lowing "reasonable times" in the first sen- tion (13) should be to section 49-434, following 

tence, added "of the dealership must be kept the amendment of both of those sections by 

or reproduced electronically at the dealer- S.L. 2000, chapter 418. 



19 DEFINITIONS 49-120 

JUDICIAL DECISIONS 

Cited in: Farm Bureau Mut. Ins. Co. v. 
Schrock, 150 Idaho 817, 252 P.3d 98 (2011). 

49-120. Definitions — S. — (1) "Saddlemount combination" means a 
combination of vehicles in which a truck or truck tractor tows one (1), two (2) 
or three (3) trucks or truck tractors, each connected by a saddle to the frame 
or fifth wheel of the vehicle in front of it. The saddle is a mechanism that 
connects the front axle of the towed vehicle to the frame or fifth wheel of the 
vehicle in front and functions like a fifth wheel kingpin connection. A 
smaller vehicle mounted completely on the frame of either the first or last 
vehicle may be used in a saddlemount combination. 

(2) "Safety glazing materials" means glazing materials so constructed, 
treated or combined with other materials as to reduce substantially, in 
comparison with ordinary sheet glass or plate glass, the likelihood of injury 
to persons by objects from exterior sources or by these safety glazing 
materials when they may be cracked or broken. 

(3) "Safety zone" means the area or space officially set apart within a 
highway for the exclusive use of pedestrians and which is protected or is so 
marked or indicated by adequate signs as to be plainly visible at all times 
while set apart as a safety zone. 

(4) "Salvage pool" means a licensed vehicle dealer engaged primarily in 
the business of disposing of salvage vehicles, recovered stolen vehicles, or 
both. 

(5) "School bus" means every motor vehicle that complies with the color 
and identification requirements set forth in the most recent edition of 
"Minimum Standards for School Buses" and is used to transport children to 
or from school or in connection with school approved activities and includes 
buses operated by contract carriers. 

(6) "Secretary" means the secretary of transportation of the United 
States. 

(7) "Security agreement." (See section 28-9-102, Idaho Code) 

(8) "Security interest." (See section 28-1-201, Idaho Code) 

(9) "Sell," "sold," "buy," and "purchase," mean and include, as used in 
sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and 
offer or contract to sell or buy. 

(10) "Semitrailer." (See "Trailer," section 49-121, Idaho Code) 

(11) "Serious traffic violation" means conviction of an offense specified in 
49 CFR part 383 and including any subsequent amendments thereto, while 
operating a commercial motor vehicle, and shall include driving a commer- 
cial motor vehicle: 

(a) Without obtaining a commercial driver's license; or 

(b) Without having a commercial driver's license in the driver's posses- 
sion; or 

(c) Without the proper license class of commercial driver's license or 
endorsements for the specific vehicle group being operated or for the 
passengers or type of cargo being transported. 

(12) "Sidewalk" means that portion of a street between the curb lines, or 



49-120 MOTOR VEHICLES 20 

the lateral lines of a roadway, and the adjacent property lines intended for 
use by pedestrians. 

(13) "Signal." (See "Railroad sign," section 49-119, Idaho Code) 

(14) "Skills test" means an actual demonstration of ability to exercise 
ordinary and reasonable control in the operation of a motor vehicle. 

(15) "Slow moving vehicle" means any vehicle not normally operated 
upon the highways. 

(16) "Snow tire." (See "Tires," section 49-121, Idaho Code) 

(17) "Sold." (See "Sell," "buy," and "purchase," this section) 

(18) "Solid rubber tire." (See "Tires," section 49-121, Idaho Code) 

(19) "Special license plate" means a license plate that is made available to 
the public as a personal alternative to the standard issue license plate. No 
special program fee shall be charged for the registration or plates issued 
under sections 49-403, 49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A 
and 49-415B, Idaho Code. 

(20) "Special mobile equipment" means every vehicle not designed or 
used primarily for the transportation of persons or property and only 
incidentally operated or moved over a highway, including: ditch-digging 
apparatus, well-boring apparatus and road construction and maintenance 
machinery such as asphalt spreaders, bituminous mixers, bucket loaders, 
tractors other than truck tractors, ditchers, leveling graders, finishing 
machines, motor graders, road rollers, scarifiers, earth moving carry-alls 
and scrapers, power shovels and drag lines, and self-propelled cranes, and 
earth moving equipment. The term does not include travel trailers, dump 
trucks, truck mounted transit mixers, cranes or shovels, or other vehicles 
designed for the transportation of persons or property to which machinery 
has been attached. 

(21) "Specially constructed vehicle." (See "Vehicle," section 49-123, Idaho 
Code) 

(22) "Specialty off-highway vehicle." (See "Vehicle," section 49-123, Idaho 
Code) 

(23) "Stand" or "standing" means the halting of a vehicle, whether 
occupied or not, otherwise than temporarily for the purpose of and while 
actually engaged in receiving or discharging passengers. 

(24) "State" means a state, territory or possession of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico or a province of 
Canada. 

(25) "Stop" means the act of or complete cessation from movement. 

(26) "Stopping" means the act of any halting even momentarily of a 
vehicle. 

(27) "Street." (See "Highways," section 49-109, Idaho Code) 

(28) "Street rod" means any pre- 1949 vehicle which has had a significant 
drive train update from a more modern vehicle. Changes may include 
engine, transmission, rear axle, and other suspension components. The body 
will be, or resemble the same as the manufacturer's original issue after its 
first sale after manufacture. 

(29) "Studded tire." (See "Tires," section 49-121, Idaho Code) 

(30) "Substandard width lane" means a lane that is too narrow for a 
bicycle and a motor vehicle to travel safely side by side within the lane. 



21 DEFINITIONS 49-122 

(31) "Supplemental lot" means a physically separate location owned and 
maintained by a licensed dealer or manufacturer within the same or 
adjacent county as the principal place of business which meets all the 
requirements for a principal place of business. 

(32) "Suspension of driver's license" means the temporary withdrawal by 
formal action of the department or as otherwise provided in this title of a 
person's driver's license or privilege to operate a motor vehicle on the public 
highways, which temporary withdrawal shall be for a period specifically 
designated by the department. 

(33) "Suspension of vehicle registration" means the temporary with- 
drawal by formal action of the department or as otherwise provided in this 
title of a person's vehicle registration or, in the case of fleets of vehicles, all 
vehicle registrations in each fleet operated by a company. Upon suspension, 
the privileges of operating the vehicle or vehicles on Idaho highways is 
terminated until the difficulty that caused the suspension is corrected and 
notification is provided that the suspension has been lifted. 

History. § 3, p. 99; am. 1992, ch. 232, § 1, p. 691; am. 

I.C., § 49-120, as added by 1988, ch. 265, 1992, ch. 261, § 1, p. 755; am. 1993, ch. 135, 

§ 2, p. 549; am. 1989, ch. 88, § 11, p. 151; am. § 1, p. 330; am. 1996, ch. 371, § 3, p. 1246; 

1989, ch. 285, § 3, p. 698; am. 1989, ch. 310, am. 2000, ch. 87, § 1, p. 188; am. 2001, ch. 
§ 5, p. 769; am. 1990, ch. 45, § 9, p. 71; am. 208, § 29, p. 35; am. 2006, ch. 164, § 2, p. 

1990, ch. 176, § 1, p. 373; am. 1992, ch. 35, 489; am. 2009, ch. 157, § 3, p. 458. 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2009 amendment, by ch. 157, added Section 17 of S.L. 2009, ch. 157 declared an 

subsection (22) and redesignated the subse- emergency. Approved April 9, 2009. 
quent subsections accordingly. 

49-122. Definitions — U. — (1) "Unauthorized vehicle" means any 
vehicle parked or otherwise left on private property without the consent of 
the person owning or controlling that property. 

(2) "United States" means the fifty (50) states and the District of 
Columbia. 

(3) "Unladen weight." (See "Light weight," section 49-113, Idaho Code) 

(4) "Unregistered vehicle" means a vehicle without current registration 
on file with the department or with the appropriate agency of another state, 
unless exempt from registration. 

(5) "Unusual noise." (See "Excessive," section 49-106, Idaho Code) 

(6) "Urban district." (See "District," section 49-105, Idaho Code) 

(7) "Utility trailer" means a trailer or semitrailer designed primarily to 
be drawn behind a passenger car or pickup truck for domestic and utility 
purposes. Utility or domestic use shall include a farm trailer while being 
used to haul agricultural products or livestock from farm to storage, market 
or processing plant, or returning therefrom. 

(8) "Utility type vehicle" or "UTV" means a utility type vehicle or UTV as 
defined in section 67-7101, Idaho Code. 



49-123 MOTOR VEHICLES 22 

History. § 4, p. 1331; am. 2006, ch. 42, § 5, p. 122; am. 

I.C., § 49-122, as added by 1988, ch. 265, 2009, ch. 157, § 4, p. 458; am. 2011, ch. 158, 

§ 2, p. 549; am. 1989, ch. 88, § 12, p. 151; am. § 2, p. 443. 
1989, ch. 318, § 1, p. 151; am. 2000, ch. 418, 

STATUTORY NOTES 

Amendments. ty-four (74) inches, maximum weight less 
The 2009 amendment, by ch. 157, in sub- than two thousand (2,000) pounds, and hav- 
section (8), in the first sentence, deleted "un- ing a wheelbase of one hundred ten (110) 
paved" preceding "roads," "low pressure" pre- inches or less. A utility type vehicle must have 
ceding "tires," and "of twenty (20) psi or less" a minimum width of fifty (50) inches, a mini- 
following "tires," and substituted "and having mum weight of at least nine hundre d (900) 
a wheelbase of one hundred ten (110) inches pounds or a wnee lbase of over sixty-one (61) 
or less for or having a wheelbase of ninety incheg Utmt yehide doeg not indude 

tence m SG SGn " g ° lf CartS ' VehideS Spedally deSlgned t0 Carry 

The 2011 amendment, by ch. 158, rewrote a disabled person, implements of husbandry 

subsection (8), which formerly read: " 'Utility as defined in section 49-110(2), Idaho Code or 

type vehicle (UTV)' means any recreational v ^ cle « otherwise registered under title 49, 

motor vehicle other than an ATV, motorbike ldaho Code - 
or snowmobile as defined in section 67-7101, 

Idaho Code, designed for and capable of travel Effective Dates. 

over designated roads, traveling on four (4) or Section 17 of S.L. 2009, ch. 157 declared an 

more tires, maximum width less than seven- emergency. Approved April 9, 2009. 

49-123. Definitions — V. — (1) "Variable load suspension axle" means 
an axle or axles designed to support a part of the vehicle and load and which 
can be regulated to vary the amount of load supported by such an axle or 
axles and which can be deployed or lifted by the operator of the vehicle. See 
also section 49-117, Idaho Code. 

(a) "Fully raised" means that the variable load suspension axle is in an 
elevated position preventing the tires on such axle from having any 
contact with the roadway. 

(b) "Fully deployed" means that the variable load suspension axle is 
supporting a portion of the weight of the loaded vehicle as controlled by 
the preset pressure regulator valve. 

(2) "Vehicle" means: 

(a) General. Every device in, upon, or by which any person or property is 
or may be transported or drawn upon a highway, excepting devices used 
exclusively upon stationary rails or tracks. 

(b) Authorized emergency vehicle. Vehicles operated by any fire depart- 
ment or law enforcement agency of the state of Idaho or any political 
subdivision of the state, ambulances, vehicles belonging to personnel of 
voluntary fire departments while in performance of official duties only, 
vehicles belonging to, or operated by EMS personnel certified or otherwise 
recognized by the EMS bureau of the Idaho department of health and 
welfare while in the performance of emergency medical services, sheriff's 
search and rescue vehicles which are under the immediate supervision of 
the county sheriff, wreckers which are engaged in motor vehicle recovery 
operations and are blocking part or all of one (1) or more lanes of traffic, 
other emergency vehicles designated by the director of the Idaho state 
police or vehicles authorized by the Idaho transportation board and used 
in the enforcement of laws specified in section 40-510, Idaho Code, 
pertaining to vehicles often thousand (10,000) pounds or greater. 



23 DEFINITIONS 49-123 

(c) Commercial vehicle or commercial motor vehicle. For the purposes of 
chapters 3 and 9 of this title, driver's licenses and vehicle equipment, a 
motor vehicle or combination of motor vehicles designed or used to 
transport passengers or property if the motor vehicle: 

(i) Has a manufacturer's gross combination weight rating (GCWR) in 
excess of twenty-six thousand (26,000) pounds inclusive of a towed unit 
with a manufacturer's gross vehicle weight rating (GVWR) of more than 
ten thousand (10,000) pounds; or 

(ii) Has a manufacturer's gross vehicle weight rating (GVWR) in excess 
of twenty-six thousand (26,000) pounds; or 

(hi) Is designed to transport sixteen (16) or more people, including the 
driver; or 

(iv) Is of any size and is used in the transportation of materials found 
to be hazardous for the purposes of the hazardous material transpor- 
tation act and which require the motor vehicle to be placarded under 
the hazardous materials regulations (49 CFR part 172, subpart F). 
For the purposes of chapter 4, title 49, Idaho Code, motor vehicle 
registration, a vehicle or combination of vehicles of a type used or 
maintained for the transportation of persons for hire, compensation or 
profit, or the transportation of property for the owner of the vehicle, or for 
hire, compensation, or profit, and shall include fixed load specially 
constructed vehicles exceeding the limits imposed by chapter 10, title 49, 
Idaho Code, and including drilling rigs, construction, drilling and wrecker 
cranes, log jammers, log loaders, and similar vehicles which are normally 
operated in an overweight or oversize condition or both, but shall not 
include those vehicles registered pursuant to sections 49-402 and 49- 
402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor 
vehicle used in a ridesharing arrangement that has a seating capacity for 
not more than fifteen (15) persons, including the driver, shall not be a 
"commercial vehicle" under the provisions of this title relating to equip- 
ment requirements, rules of the road, or registration. 

(d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer 
or rancher, which are operated over public highways, and used exclusively 
to transport unprocessed agricultural, dairy or livestock products raised, 
owned and grown by the owner of the vehicle to market or place of storage; 
and shall include the transportation by the farmer or rancher of any 
equipment, supplies or products purchased by that farmer or rancher for 
his own use, and used in the farming or ranching operation or used by a 
farmer partly in transporting agricultural products or livestock from the 
farm of another farmer that were originally grown or raised on the farm, 
or when used partly in transporting agricultural supplies, equipment, 
materials or livestock to the farm of another farmer for use or consump- 
tion on the farm but not transported for hire, and shall not include 
vehicles of husbandry or vehicles registered pursuant to sections 49-402 
and 49-402A, Idaho Code. 

(e) Foreign vehicle. Every vehicle of a type required to be registered 
under the provisions of this title brought into this state from another 
state, territory or country other than in the ordinary course of business by 
or through a manufacturer or dealer and not registered in this state. 



49-123 MOTOR VEHICLES 24 

(f) Glider kit vehicle. Every large truck manufactured from a kit manu- 
factured by a manufacturer of large trucks which consists of a frame, cab 
complete with wiring, instruments, fenders and hood and front axles and 
wheels. The "glider kit" is made into a complete assembly by the addition 
of the engine, transmission, rear axles, wheels and tires. 

(g) Motor vehicle. Every vehicle which is self-propelled, and for the 
purpose of titling and registration meets federal motor vehicle safety 
standards as denned in section 49-107, Idaho Code. Motor vehicle does not 
include vehicles moved solely by human power, electric personal assistive 
mobility devices and motorized wheelchairs or other such vehicles that 
are specifically exempt from titling or registration requirements under 
title 49, Idaho Code. 

(h) Multipurpose passenger vehicle (MPV). For the purposes of section 
49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer 
persons which is constructed either on a truck chassis or with special 
features for occasional off-road operation. 

(i) Neighborhood electric vehicle (NEV). A self-propelled, electrically- 
powered, four-wheeled motor vehicle which is emission free and conforms 
to the definition and requirements for low-speed vehicles as adopted in the 
federal motor vehicle safety standards for low-speed vehicles under 
federal regulations at 49 CFR part 571. An NEV shall be titled, registered 
and insured according to law as provided respectively in chapters 4, 5 and 
12, title 49, Idaho Code, and shall only be operated by a licensed driver. 
Operation of an NEV on a highway shall be allowed as provided in section 
49-663, Idaho Code. 

(j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho 
Code, motor vehicle registration, a noncommercial vehicle shall not 
include those vehicles required to be registered under sections 49-402 and 
49-402A, Idaho Code, and means all other vehicles or combinations of 
vehicles which are not commercial vehicles or farm vehicles, but shall 
include motor homes. A noncommercial vehicle shall include those vehi- 
cles having a combined gross weight not in excess of sixty thousand 
(60,000) pounds and not held out for hire, used for purposes related to 
private use and not used in the furtherance of a business or occupation for 
compensation or profit or for transporting goods for other than the owner. 
(k) Passenger car. For the purposes of section 49-966, Idaho Code, a motor 
vehicle, except a multipurpose passenger vehicle, motorcycle or trailer, 
designed to carry ten (10) or fewer persons. 

(I) Rebuilt salvage vehicle. Every vehicle that has been rebuilt or re- 
paired using like make and model parts and visually appears as a vehicle 
that was originally constructed under a distinctive manufacturer. This 
includes a salvage vehicle which is damaged to the extent that a "rebuilt 
salvage" brand is required to be added to the title. 

(m) Reconstructed vehicles. Vehicles which have been reconstructed by 
the use of a kit designed to be used to construct an exact replica of a 
vehicle which was previously constructed under a distinctive name, make, 
model or type by a generally recognized manufacturer of vehicles. A glider 
kit vehicle is not a reconstructed vehicle. 



25 DEFINITIONS 49-123 

(n) Replica vehicle. A vehicle made to replicate any passenger car or truck 
previously manufactured, using metal, fiberglass or other composite 
materials. Replica vehicles must look like the original vehicle being 
replicated but may use a more modern drive train. At a minimum, replica 
vehicles shall meet the same federal motor vehicle safety and emission 
standards in effect for the year and type of vehicle being replicated. 
(o) Salvage vehicle. Any vehicle for which a salvage certificate, salvage 
bill of sale or other documentation showing evidence that the vehicle has 
been declared salvage or which has been damaged to the extent that the 
owner, or an insurer, or other person acting on behalf of the owner, 
determines that the cost of parts and labor minus the salvage value makes 
it uneconomical to repair or rebuild. When an insurance company has 
paid money or has made other monetary settlement as compensation for 
a total loss of any vehicle, such vehicle shall be considered to be a salvage 
vehicle. 

(p) Specially constructed vehicle. Every vehicle of a type required to be 

registered not originally constructed under a distinctive name, make, 

model or type by a generally recognized manufacturer of vehicles and not 

materially altered from its original construction and cannot be visually 

identified as a vehicle produced by a particular manufacturer. This 

includes: 

(i) A vehicle that has been structurally modified so that it does not have 

the same appearance as a similar vehicle from the same manufacturer; 

or 

(ii) A vehicle that has been constructed entirely from homemade parts 
and materials not obtained from other vehicles; or 
(iii) A vehicle that has been constructed by using major component 
parts from one (1) or more manufactured vehicles and cannot be 
identified as a specific make or model; or 

(iv) A vehicle constructed by the use of a custom kit that cannot be 
visually identified as a specific make or model. All specially constructed 
vehicles of a type required to be registered shall be certified by the 
owner to meet all applicable federal motor vehicle safety standards in 
effect at the time construction is completed, and all requirements of 
chapter 9, title 49, Idaho Code. 
(q) Specialty off-highway vehicle. A specialty off-highway vehicle as 
defined in section 67-7101, Idaho Code. 

[(r)](q) Total loss vehicle. Every vehicle that is deemed to be uneconomical 
to repair. A total loss shall occur when an insurance company or any other 
person pays or makes other monetary settlement to the owner when it is 
deemed to be uneconomical to repair the damaged vehicle. The compen- 
sation for total loss as defined herein shall not include payments by an 
insurer or other person for medical care, bodily injury, vehicle rental or for 
anything other than the amount paid for the actual damage to the vehicle. 

(3) "Vehicle identification number." (See "Identifying number," section 
49-110, Idaho Code) 

(4) "Vehicle salesman" means any person who, for a salary, commission or 
compensation of any kind, is employed either directly or indirectly, or 



49-201 



MOTOR VEHICLES 



26 



regularly or occasionally by any dealer to sell, purchase or exchange, or to 
negotiate for the sale, purchase or exchange of vehicles. (See also "full-time 
salesman," section 49-107, Idaho Code, and "part-time salesman," section 
49-117, Idaho Code) 

(5) "Vessel." (See section 67-7003, Idaho Code) 

(6) "Veteran." (See section 65-502, Idaho Code) 

(7) "Violation" means a conviction of a misdemeanor charge involving a 
moving traffic violation, or an admission or judicial determination of the 
commission of an infraction involving a moving traffic infraction, except 
bicycle infractions. 



History. 

I.C., § 49-123, as added by 1988, ch. 265, 
§ 2, p. 549; am. 1989, ch. 285, § 4, p. 698; am. 

1989, ch. 310, § 6, p. 769; am. 1989, ch. 318, 
§ 2, p. 817; am. 1990, ch. 45, § 10, p. 71; am. 

1990, ch. 295, § 1, p. 815; am. 1991, ch. 272, 
§ 5, p. 686; am. 1991, ch. 288, § 2, p. 739; am. 
1992, ch. 115, § 4, p. 345; am. 1993, ch. 376, 
§ 1, p. 1377; am. 1994, ch. 296, § 1, p. 933; 



am. 1995, ch. 122, § 2, p. 526; am. 1996, ch. 
308, § 1, p. 1009; am. 1997, ch. 355, § 1, p. 
1047; am. 1999, ch. 298, § 1, p. 746; am. 2000, 
ch. 469, § 110, p. 1450; am. 2002, ch. 160, § 3, 
p. 466; am. 2005, ch. 183, § 3, p. 558; am. 
2006, ch. 51, § 18, p. 145; am. 2008, ch. 84, 
§ 1, p. 215; am. 2008, ch. 198, § 4, p. 636; am. 
2008, ch. 330, § 2, p. 904; am. 2009, ch. 11, 
§ 18, p. 14; am. 2009, ch. 157, § 5, p. 458. 



STATUTORY NOTES 



Amendments. 

This section was amended by two 2009 acts 
which appear to be compatible and have been 
compiled together. 

The 2009 amendment, by ch. 11, made 



The 2009 amendment, by ch. 157, added 
present subsection (2)(q) and redesignated 
former subsection (2)(q) as subsection (2)(r). 

Effective Dates. 



designation updates in subsections (2)(n) Section 17 of S.L. 2009, ch. 157 declared an 



through (2)(q) 



emergency. Approved April 9, 2009. 



CHAPTER 2 
GENERAL 



SECTION. 

49-201. Duties of board. 

49-202. Duties of department. 

49-207. Municipal registration prohibited — 
Power to enact regulatory or- 
dinances not abolished. 



SECTION. 

49-208. 
49-240. 



Powers of local authorities. 
Certain circumstances for forfeiture 
of bond for traffic offenses. 



49-201. Duties of board. — (1) With the exception of requirements for 
sections 49-217 and 49-218 and chapters 6 and 9, title 49, Idaho Code, which 
shall be the responsibility of the director of the Idaho state police, and 
section 49-447, Idaho Code, which shall be the responsibility of the director 
of the department of parks and recreation, the board shall adopt and enforce 
administrative rules and may designate agencies or enter into agreements 
with private companies or public entities as may be necessary to carry out 
the provisions of this title. It shall also provide suitable forms for applica- 
tions, registration cards, vehicle licenses, and all other forms requisite for 
the purpose of the provisions of this title, and shall prepay all transportation 
charges. 

(2) The board may enter into agreements, compacts or arrangements 



27 GENERAL 49-201 

with other jurisdictions on behalf of Idaho for the purpose of conforming 
procedures for proportional registration of commercial vehicles and other 
types of reciprocal agreements. Copies of agreements, compacts or arrange- 
ments shall be placed on file in the department and the board shall, as to all 
filings and adoption, conform with the provisions of chapter 52, title 67, 
Idaho Code. The board may approve, on a case-by-case basis, exemption 
from operating fees for private nonprofit entities who are bringing public 
interest programs into the state. These entities may not be in competition 
with companies who transport goods and services for hire. 

(3) The board shall adopt a manual and specifications for a uniform 
system of traffic-control devices consistent with the provisions of this title 
for use upon highways within the state. The uniform system shall correlate 
with and, so far as possible, conform to the system set forth in the most 
recent edition of the manual on uniform traffic-control devices for streets 
and highways and other standards issued or endorsed by the federal 
highway administrator. 

(4) Whenever the board shall determine upon the basis of an engineering 
and traffic investigation that any maximum speed is greater or less than is 
reasonable or safe under the conditions found to exist at any intersection or 
other place or upon any part of the state highway or interstate highway 
system, the board may determine and declare a reasonable and safe 
maximum limit, thereat, not exceeding a maximum limit of seventy-five (75) 
miles per hour on interstate highways and sixty-five (65) miles per hour on 
state highways, which shall be effective when appropriate signs giving 
notice are erected. The speed limit may be declared to be effective at all 
times or at the times as indicated upon the signs. Differing limits may be 
established for different times of day, different types of vehicles, varying 
weather conditions, and other factors bearing on safe speeds, which shall be 
effective when posted upon appropriate fixed or variable signs. 

(5) The board shall adopt and enforce rules as may be consistent with and 
necessary to determine the classification of and the basis on which fees shall 
be computed. 

History. 152, § 3, p. 337; am. 1982, ch. 95, §§ 2, 13, p. 

1927, ch. 244, § 2, p. 374; I.C.A., § 48-102; 185; am. 1987, ch. 280, § 2, p. 590; am. and 

am. 1951, ch. 119, § 2, p. 374; am. 1953, ch. redesig. 1988, ch. 265, § 4, p. 549; am. 1990, 

261, § 2, p. 425; I.C., § 49-127c, as added by ch. 45, § 11, p. 71; am. 1992, ch. 35, § 5, p. 99; 

1953, ch. 261, § 14, p. 425; am. 1967, ch. 175, am. 1993, ch. 299, § 1, p. 1100; am. 1996, ch. 

§ 1, p. 583; am. 1974, ch. 27, §§ 85, 97, p. 811; 270, § 2, p. 872; am. 1997, ch. 155, § 2, p. 

I.C., § 49-584, as added by 1977, ch. 152, § 2, 438; am. 2000, ch. 469, § 111, p. 1450; am. 

p. 337; I.C., § 49-682, as added by 1977, ch. 2012, ch. 325, § 2, p. 894. 

STATUTORY NOTES 

Amendments. establish lower speed limits for portions of 

The 2012 amendment, by ch. 325, deleted state highways, excluding controlled access 

the last sentence in subsection (4), which read and interstate highways, that pass through 

"The authority of the board to establish speed residential, urban or business districts within 

limits on state highways pursuant to this the jurisdiction of the incorporated city, for 

section does not restrict the authority of the the purpose of enhancing motorist and pedes- 

duly elected officials of an incorporated city trian safety." 
acting in the capacity of a local authority to 



49-202 MOTOR VEHICLES 28 

JUDICIAL DECISIONS 

Cited in: Archer v. Dep't of Transp. (In re McDaniel v. State (In re Driver's License 

Archer), 145 Idaho 617, 181 P.3d 543 (Ct. App. Suspension of McDaniel), 149 Idaho 643, 239 

2008); Wheeler v. Idaho Transp. Dep't, 148 P. 3d 36 (Ct. App. 2010); Wilkinson v. State, 

Idaho 378, 223 P.3d 761 (Ct. App. 2009); 151 Idaho 784, 264 P.3d 680 (Ct. App. 2011). 

49-202. Duties of department. — (1) All registration and driver's 
license records in the office of the department shall be public records and 
open to inspection by the public during normal business hours, except for 
those records declared by law to be for the confidential use of the depart- 
ment, or those records containing personal information subject to restric- 
tions or conditions regarding disclosure. If the department has contracted 
for a service to be provided by another entity, an additional fee shall be 
charged by that contractor whether the service is rendered during normal 
business hours, other than normal business hours or on weekends. 

(2) In addition to other fees required by law to be collected by the 
department, the department shall collect the following: 

(a) For certifying a copy of any record pertaining to any vehicle license, 
any certificate of title, or any driver's license $14.00 

(b) For issuing every Idaho certificate of title $14.00 

(c) For furnishing a duplicate copy of any Idaho certificate of title . $14.00 

(d) For issuance or transfer of every certificate of title on a new or used 
vehicle or other titled vehicle in an expedited manner (rush titles), in 
addition to any other fee required by this section $26.00 

(e) For recording a transitional ownership document, in addition to any 
other fee required by this section $26.00 

(f) For furnishing a replacement of any receipt of registration $5.00 

(g) For furnishing copies of registration or ownership of motor vehicles or 
driver's license records, per vehicle registration, accident report records, 

title or per driver's license record $7.00 

Additional contractor fee, not to exceed $4.00 

(h) For services in searching files of vehicle or other registrations, vehicle 

titles, or driver's licenses per hour $18.00 

(i) Placing "stop" cards in vehicle registration or title files, each . $21.00 
(j) For issuance of an assigned or replacement vehicle identification 

number (VIN) $18.00 

(k) For a vehicle identification number (VIN) inspection whether con- 
ducted by a city or county peace officer or any other peace officer or 

designated agent of the state of Idaho, per inspection $5.00 

(/) For all replacement registration stickers, each $2.00 

(m) For issuing letters of temporary vehicle clearance to Idaho-based 

motor carriers $18.00 

(n) For all sample license plates, each $21.00 

(o) For filing release of liability statements $3.50 

(p) For safety and insurance programs for each vehicle operated by a 
motor carrier $3.00 

A lesser amount may be set by rule of the board. 

(3) The fees required in this section shall not apply when the service is 



29 GENERAL 49-202 

furnished to any federal, state, county or city peace officer when such service 
is required in the performance of their duties as peace officers. 

(4) The department may enter into agreements with private companies or 

public entities to provide the services for which a fee is collected in 

subsection (2)(g) of this section. Such private contractor shall collect the fee 

prescribed and remit the fee to the department. The contractor shall also 

collect and retain the additional fee charged for his services. 

(5)(a) The department shall pay three dollars ($3.00) of the fee collected 

by a county assessor or other agent of the department as provided in 

subsection (2)(a) through (f) of this section, and four dollars ($4.00) as 

provided in subsection (2)(g) of this section, to the county assessor or 

sheriff of the county or agent collecting such fee, which shall be deposited 

with the county treasurer and credited to the county current expense 

fund. The remainder of the fees collected as provided in that subsection 

shall be paid by the department to the state treasurer and placed in the 

state highway account. 

(b) The fee collected under subsection (2)(k) of this section for a VIN 
inspection shall be placed in the city general fund if conducted by a city 
peace officer, in the county current expense fund if conducted by a county 
peace officer, shall be retained by the special agent authorized to perform 
the inspection, or paid to the state treasurer and placed to the credit of the 
Idaho state police if conducted by the Idaho state police or in the state 
highway account if conducted by the department. 

(c) The fee collected under subsection (2)(o) of this section for filing 
release of liability statements shall be retained by the county assessor of 
the county collecting such fee, and shall be deposited with the county 
treasurer and credited to the county current expense fund. 

(d) The fee in subsection (2)(m) of this section shall not apply when the 
Idaho-based motor carrier or its representative obtains and prints the 
document using internet access. 

(e) The fee collected under subsection (2)(p) of this section for motor 
carriers shall be paid by the department to the state treasurer and placed 
in the state highway account. The director and the director of the Idaho 
state police shall jointly determine the amount to be transferred from the 
state highway account to the law enforcement fund for motor carrier 
safety programs conducted by the Idaho state police pursuant to the 
provisions of section 67-2901A, Idaho Code. 

(6) The department as often as practicable may provide to law enforce- 
ment agencies the record of suspensions and revocations of driver licenses 
via the Idaho law enforcement telecommunications system (ILETS). 

(7) The department shall provide the forms prescribed in chapter 5 of this 
title, shall receive and file in its office in Ada county all instruments required 
in chapter 5 of this title to be filed with the department, shall prescribe a 
uniform method of numbering certificates of title, and shall maintain in the 
department indices for such certificates of title. All indices shall be by motor 
or identification number and alphabetical by name of the owner. 

(8) The department shall file each registration received under a distinc- 
tive registration number assigned to the vehicle and to the owner thereof. 



49-202 MOTOR VEHICLES 30 

(9) The department shall not renew a driver's license or identification 
card when fees required by law have not been paid or where fees for past 
periods are due, owing and unpaid including insufficient fund checks, until 
those fees have been paid. 

(10) The department shall not grant the registration of a vehicle when: 

(a) The applicant is not entitled to registration under the provisions of 
this title; or 

(b) The applicant has neglected or refused to furnish the department with 
the information required in the appropriate form or reasonable additional 
information required by the department; or 

(c) The fees required by law have not been paid, or where fees for past 
registration periods are due, owing and unpaid including insufficient fund 
checks. 

(11) The department or its authorized agents have the authority to 
request any person to submit to medical, vision, highway, or written 
examinations, to protect the safety of the public upon the highways. The 
department or its authorized agents may exercise such authority based 
upon evidence which may include, but is not limited to, observations made. 

(12) The department shall revoke the registration of any vehicle: 

(a) Which the department shall determine is unsafe or unfit to be 
operated or is not equipped as required by law; 

(b) Whenever the person to whom the registration card or registration 
plate has been issued shall make or permit to be made any unlawful use 
of the same or permit their use by a person not entitled thereto; 

(c) For any violation of vehicle registration requirements by the owner or 
operator in the current or past registration periods; 

(d) Whenever a motor carrier requests revocation, or whenever an 
interstate carrier's federal operating authority has been revoked; 

(e) For failure of the owner or operator to file the reports required or 
nonpayment of audit assessments or fees assessed against the owner by 
the department or the state tax commission pursuant to audit under the 
provisions of section 49-439, Idaho Code; 

(f) Identified by any city or county administering a program established 
by ordinance for the inspection and readjustment of motor vehicles (which 
program is part of an approved state implementation plan adopted by 
both the state and federal governments under 42 U.S.C. section 7410) as 
having failed to comply with an ordinance requiring motor vehicle 
emission inspection and readjustment; provided that no vehicle shall be 
identified to the department under this subsection (f) unless: 

(i) The city or county certifies to the department that the owner of the 

motor vehicle has been given notice and had the opportunity for a 

hearing concerning compliance with the ordinance and has exhausted 

all remedies and appeals from any determination made at such hearing; 

and 

(ii) The city or county reimburses the department for all direct costs 

associated with the registration revocation procedure. 

(13) The department shall not reregister or permit a vehicle to operate on 
a special trip permit until all fees, penalties and interest have been paid. 



31 GENERAL 49-202 

(14) The department shall institute educational programs, demonstra- 
tions, exhibits and displays. 

(15) The department shall cancel a driver's license or identification card 
when fees required by law have not been paid or where fees are due, owing 
and unpaid including insufficient fund checks, until those fees have been 
paid. 

(16) The department shall examine persons and vehicles by written, oral, 
vision and skills tests without compulsion except as provided by law. 

(17) The department shall employ expert and special help as needed in 
the department. 

(18) The department shall compile accident statistics and disseminate 
information relating to those statistics. 

(19) The department shall cooperate with the United States in the 
elimination of road hazards, whether of a physical, visual or mental 
character. 

(20) The department shall place and maintain traffic-control devices, 
conforming to the board's manual and specifications, upon all state high- 
ways as it shall deem necessary to indicate and to carry out the provisions 
of this title or to regulate, warn, or guide traffic. No local authority shall 
place or maintain any traffic-control device upon any highway under the 
jurisdiction of the department except by the latter's permission. The 
placement and maintenance of such a traffic-control device by a local 
authority shall be made according to the board's manual and specifications 
for a uniform system of traffic-control devices. 

(21) The department may conduct an investigation of any bridge or other 
elevated structure constituting a part of a highway, and, if it shall find that 
the structure cannot with safety to itself withstand vehicles traveling at a 
speed otherwise permissible under this title, shall determine and declare 
the maximum speed of vehicles which the structure can safely withstand, 
and shall cause or permit suitable signs stating the maximum speed to be 
erected and maintained before each end of the structure. 

(22) Whenever the department shall determine on the basis of an 
engineering and traffic investigation that slow speeds on any highway or 
part of a highway impede the normal and reasonable movement of traffic, 
the department may determine and declare a minimum speed limit below 
which no person shall drive a vehicle except when necessary for safe 
operation or in compliance with law, and that limit shall be effective when 
posted upon appropriate fixed or variable signs. 

(23) The department shall regulate or prohibit the use of any controlled- 
access highway by any class or kind of traffic which is found to be 
incompatible with the normal and safe movement of traffic. 

(24) The department shall erect and maintain traffic-control devices on 
controlled-access highways on which any prohibitions are applicable. 

(25) Wherever a highway crosses one (1) or more railroads at grade, the 
department or local authorities within their respective jurisdictions shall 
place and maintain stop signs, directing vehicular traffic approaching the 
crossing to come to a full stop prior to entering the crossing at all railroad 
crossings where electric or mechanical warning signals do not exist. Place- 



49-202 MOTOR VEHICLES 32 

ment of these stop signs shall be mandatory except when in the determina- 
tion of public highway agencies the existence of stop signs at a given 
crossing would constitute a greater hazard than their absence based on a 
recognized engineering study. 

Nothing in this subsection shall be construed as granting immunity to any 
railroad company as to liability, if any, for an accident which might occur at 
a crossing where stop signs are erected and in place, but liability, if any, 
shall be determined as provided by law. Liability on the part of governmen- 
tal authorities on account of absence of any stop sign at a crossing shall be 
determined as provided by law. 

(26) The department and local authorities are authorized to determine 
those portions of any highway under their respective jurisdictions where 
overtaking and passing or driving on the left side of the roadway would be 
especially hazardous and may by appropriate signs or markings on the 
roadway indicate the beginning and end of those zones and when signs or 
markings are in place and clearly visible to an ordinarily observant person, 
every driver of a vehicle shall obey those directions. 

(27) The department and local authorities in their respective jurisdic- 
tions may in their discretion issue special permits authorizing the operation 
upon a highway of traction engines or tractors having movable tracks with 
transverse corrugations upon the periphery of the movable tracks or farm 
tractors or other farm machinery, the operation of which upon a highway 
would otherwise be prohibited under this title or title 40, Idaho Code. 

(28) The department and local highway authorities within their respec- 
tive jurisdictions may place official traffic-control devices prohibiting, lim- 
iting or restricting the stopping, standing or parking of vehicles on any 
highway where such stopping, standing or parking is dangerous to those 
using the highway or where the stopping, standing or parking of vehicles 
unduly interferes with the free movement of traffic thereon. 

(29) On any informational material printed after July 1, 1995, by or at 
the order of the department and distributed to counties, school districts or 
individuals for the purpose of assisting a person to successfully pass a 
driver's license test, the department shall include material about the state's 
open range law and responsibilities, liabilities and obligations of drivers 
driving in the open range. 

History. § 1, p. 351; am. 1984, ch. 195, § 7, p. 445; am 

1927, ch. 244, §§ 4, 5, 10, 22, 23, p. 374; am. and redesig. 1988, ch. 265, § 5, p. 549; am 

1929, ch. 195, § 2, p. 366; I.C.A., §§ 48-104, 1989, ch. 88, § 13, p. 151; am. 1989, ch. 310 

48-105, 48-110, 48-123, 48-124, 48-402e; am. § 8, p. 769; am. 1990, ch. 45, § 12, p. 71; am 

1939, ch. 195, § 1, p. 372; am. 1941, ch. 101, 1991, ch. 143, § 1, p. 336; am. 1991, ch. 214 

§ 1, p. 181; added 1941, ch. 144, § 3, p. 282; § 1, p. 511; am. 1992, ch. 35, § 6, p. 99; am 

am. 1943, ch. 43, § 2, p. 86; am. 1951, ch. 119, 1992, ch. 115, § 5, p. 345; am. 1992, ch. 173 

§ 8, p. 273; am. 1953, ch. 156, § 1, p. 251; am § 1, p. 542; am. 1993, ch. 299, § 2, p. 1100 

1955, ch. 58, §§ 2, 3, p. 108; am. 1955, ch. 71, am. 1994, ch. 315, § 1, p. 1001; am. 1995, ch 

§§ 2, 5, p. 138; am. 1961, ch. 263, § 1, p. 463; 116, § 26, p. 386; am. 1995, ch. 209, § 1, p 

am. 1963, ch. 160, § 13, p. 463; am. 1965, ch. 710; am. 1996, ch. 271, § 1, p. 879; am. 1997 

49, § 1, p. 79; am. 1974, ch. 27, §§ 86, 94, p. ch. 80, § 7, p. 165; am. 1997, ch. 155, § 3, p 

811; am. 1976, ch. 101, § 1, p. 423; added 438; am. 1998, ch. 110, § 9, p. 375; am. 1999 

1977, ch. 152, §§ 2, 3, p. 337; am. 1978, ch. ch. 81, § 4, p. 237; am. 1999, ch. 383, § 6, p 

122, § 1, p. 277; am. 1981, ch. 204, § 1, p. 1051; am. 2000, ch. 320, § 3, p. 1078; am 

367; am. 1982, ch. 95, §§ 3, 9, 62, p. 185; am. 2000, ch. 418, § 6, p. 1331; am. 2000, ch. 469 

1982, ch. 353, § 23, p. 874; am. 1984, ch. 149, § 112, p. 1450; am. 2001, ch. 183, § 20, p 



33 GENERAL 49-207 

613; am. 2004, ch. 234, § 1, p. 686; am. 2007, am. 2009, ch. 331, § 2, p. 947; am. 2012, ch. 
ch. 21, § 1, p. 34; am. 2008, ch. 55, § 1, p. 138; 325, § 3, p. 894. 

STATUTORY NOTES 

Amendments. in fees should be expended to address any 

The 2009 amendment, by ch. 331, increased revenue deficit or shortfall that the Division 

the fees throughout subsection (2); and sub- of Motor Vehicles is operating under as of 

stituted "state highway account" for "state June 30, 2009. 

highway fund" four times in subsection (5). "(b) Second, any moneys remaining after 

The 2012 amendment, by ch. 325, deleted the expenditures relating to subsection (a) of 
"except where the duly elected officials of an this section, should be expended on improve- 
incorporated city have established speed lim- ments to the Division of Motor Vehicle's tech- 
its lower than those set by the department on nology operations and improvements, 
the portion of state highways, excluding con- "(c) Third, any moneys remaining after the 
trolled-access and interstate highways, that expenditures relating to subsections (a) and 
pass through residential, urban or business (b) of this section, should be spent on depart- 
districts within the jurisdiction of the incor- ment technology operations and improve- 
porated city" from the end of the second sen- ments including, but not limited to: pave- 
tence in subsection (20) and similar language ment, maintenance, scheduling and financial 
from the end of subsection (22). electronic management systems. 

"(d) The department should review approx- 

Legislative Intent. imately every five (5) years the fees provided 

Section 1 of S.L. 2009, ch. 331 provided: for m this act and recommend appropriate 

"Legislative Intent. It is the intent of the changes to such fees in the Legislature." 
Legislature that the moneys raised through 

the increase in fees authorized by the provi- Effective Dates. 

sions of this act be expended in the following Section 9 of S.L. 2009, ch. 331 provided that 

order on and for the following: the act should take effect on and after Janu- 

"(a) First, moneys raised from the increase ary 1, 2010. 

JUDICIAL DECISIONS 

Conditional Permit. Idaho transportation department to approve 

Where a developer's proposed plat called for the encroachment permit with the condition 

an internal street to intersect with a con- that the developer design and construct a 

trolled-access highway, it was permissable traffic signal that would cost about $180,000. 

under §§ 40-310(5), 40-310(9), and 40-312(1) Lochsa Falls, L.L.C. v. State, 147 Idaho 232, 

and subsection (23) of this section for the 207 P.3d 963 (2009). 

49-207. Municipal registration prohibited — Power to enact reg- 
ulatory ordinances not abolished. — (1) Authorities of counties and 
cities shall have no power to pass, enforce or maintain any ordinance 
requiring, from any owner of a vehicle or any dealer to which this title shall 
be applicable, any tax, license or permit for the free use of the public 
highways of a county or city, or prohibiting or excluding any owner or dealer 
from the free use of such highways or excluding or prohibiting any vehicle 
registered in compliance with the provisions of this title from the free use of 
the highways. Powers given by general statutes to local authorities in cities 
to enact general ordinances applicable equally and generally to all vehicles 
and the use of highways to bring about the orderly passage of vehicles upon 
certain highways in such cities where the traffic is heavy and continuous, 
and powers given to cities to regulate vehicles offered to the public for hire, 
or processions, assemblages or parades on the highways or in public places 
shall remain in full force and effect, and all ordinances which may have been 
or which may be enacted in pursuance of those powers shall remain in full 
force and effect. These provisions of law shall not be construed to prevent 



49-207 MOTOR VEHICLES 34 

cities from enacting and enforcing general ordinances prescribing additional 
requirements as to speed, manner of driving or operating vehicles on any of 
the highways of such cities, and prescribing other requirements pertaining 
to signals to be given by drivers or operators of motor vehicles, the carrying 
of lights on motor vehicles, the turning of motor vehicles on highways, and 
requirements for motor vehicles in passing other vehicles and pedestrians. 

(2) Whenever local authorities in their respective jurisdictions determine 
on the basis of an engineering or traffic investigation, and the residential, 
urban or business character of the neighborhood abutting the highway in a 
residential, business or urban district that the speed limit permitted under 
this title is greater than is reasonable and safe under the conditions found 
to exist upon a highway or part of a highway or because of the residential, 
urban or business character of the neighborhood abutting the highway in a 
residential, business or urban district, the local authority may determine 
and declare a reasonable and safe maximum limit which: 

(a) Decreases the limit within a residential, business or urban district; 

(b) Increases the limit within a nonresidential area of an urban district 
but not to more than sixty-five (65) miles per hour; or 

(c) Decreases the limit outside an urban district. 

(3) Local authorities in their respective jurisdictions shall determine by 
an engineering or traffic investigation the proper maximum speed not 
exceeding a maximum limit of sixty-five (65) miles per hour for all arterial 
highways and shall declare a reasonable and safe maximum limit which 
may be greater or less than the limit permitted under this title for an urban 
district. 

(4) Any altered speed limit established shall be effective at all times or 
during hours of darkness or at other times as may be determined when 
appropriate signs giving notice are erected upon the highway. Any alteration 
of maximum limits on state highways or extensions in a municipality by 
local authorities shall not be effective until the alteration has been approved 
by the department. Provided however, that any alteration of speed limits 
must be based upon a traffic engineering study approved by the department 
and completed according to department standards. The alteration of speed 
limits by local authorities shall be done in consultation with the depart- 
ment. In the event of disagreement between the department and local 
authorities, the department traffic study shall be adopted, unless the local 
government traffic study is submitted to the Idaho transportation depart- 
ment board and the board adopts the local study in whole or in part. 

History. § 2, p. 140; am. and redesig. 1988, ch. 265, 

1913, ch. 179, § 29, p. 558; reen. C.L. 63:29; § 8, p. 549; am. 1989, ch. 310, § 9, p. 769; am. 

C.S., § 1617; I.C.A., § 48-202; I.C., § 49-683, 1991, ch. 100, § 2, p. 221; am. 1996, ch. 270, 

as added by 1977, ch. 152, § 3, p. 337; am. § 3, p. 872; am. 1997, ch. 155, § 4, p. 438; am. 

1982, ch. 353, § 24, p. 874; am. 1988, ch. 81, 2012, ch. 325, § 4, p. 894. 

STATUTORY NOTES 

Amendments. corporated city acting in the capacity of a local 

The 2012 amendment, by ch. 325, deleted authority" following "respective jurisdictions" 

"including the duly elected officials of an in- near the beginning of the introductory para- 



35 GENERAL 49-208 

graph in subsection (2), inserted paragraph through fourth sentences for "according to 

(2Kb) and redesignated former paragraph requirements of the department"; and deleted 

(2)(b) as (2)(c); in subsection (4), substituted former subsection (5), relating to regulation of 

"altered speed" for "decreased speed" near the speed by local authorities, 
beginning and substituted the current second 

49-208. Powers of local authorities. — (1) The provisions of this title 
shall not be deemed to prevent local authorities with respect to highways 
under their jurisdiction and within the reasonable exercise of the police 
power from: 

(a) Regulating or prohibiting stopping, standing or parking; 

(b) Regulating traffic by means of peace officers or traffic-control devices; 

(c) Regulating or prohibiting processions or assemblages on the high- 
ways; 

(d) Designating particular highways for use by traffic moving in one (1) 
direction; 

(e) Establishing speed limits for vehicles in public parks; 

(f) Designating any highway as a through highway or designating any 
intersection or junction of highways as a stop or yield intersection or 
junction; 

(g) Restricting the use of highways as authorized in chapter 10, title 49, 
Idaho Code; 

(h) Regulating or prohibiting the turning of vehicles or specified types of 

vehicles; 

(i) Altering or establishing speed limits; 

(j) Designating no-passing zones; 

(k) Prohibiting or regulating the use of controlled-access highways by any 

class or kind of traffic; 

(/) Prohibiting or regulating the use of heavily traveled highways by any 

class or kind of traffic found to be incompatible with the normal and safe 

movement of traffic; 

(m) Establishing minimum speed limits; 

(n) Prohibiting pedestrians from crossing a highway in a business district 

or any designated highway except in a crosswalk; 

(o) Restricting pedestrian crossings at unmarked crosswalks; 

(p) Establishing the maximum speed of vehicles on a bridge or other 

elevated structure; 

(q) Requiring written accident reports; 

(r) Regulating persons propelling pushcarts; 

(s) Regulating persons upon skates, coasters, sleds and other toy vehicles; 

(t) Adopting and enforcing temporary or experimental regulations as may 

be necessary to cover emergencies or special conditions; 

(u) Prohibiting drivers of ambulances from exceeding maximum speed 

limits; 

(v) Adopting such other traffic regulations as are specifically authorized 

by this title. 

(2) No ordinance or regulation enacted under paragraphs (d) through (p) 
of subsection (1) of this section shall be effective until traffic-control devices 
giving notice of local traffic regulations are erected upon or at the entrances 
to the highway or part affected as may be most appropriate. 



49-240 MOTOR VEHICLES 36 

(3) No local authority shall erect or maintain any traffic-control device at 
any location so as to require traffic on any state highway to stop before 
entering or crossing any intersecting highway unless approval in writing 
has first been obtained from the department. 

(4) Local authorities by ordinance may adopt by reference all or any part 
of title 49, Idaho Code, without publishing or posting in full the provisions 
thereof, provided that not less than one (1) copy is available for public use 
and examination in the office of the clerk. 

(5) Local authorities may adopt an ordinance establishing procedures for 
the abatement and removal of abandoned, junk, dismantled or inoperative 
vehicles or their parts from private or public property, including highways, 
provided the ordinance is not in conflict with the provisions of this title. 

History. and redesig. 1988, ch. 265, § 9, p. 549; am. 

I.C., §§ 49-582 and 49-583, as added by 1990, ch. 45, § 13, p. 71; am. 1997, ch. 155, 

1977, ch. 152, § 2, p. 337; am. 1982, ch. 353, § 5, p. 438; am. 2012, ch. 325, § 5, p. 894. 
§ 16, p. 874; am. 1983, ch. 25, § 6, p. 66; am. 

STATUTORY NOTES 

Amendments. former paragraph (l)(w), relating to regula- 

The 2012 amendment, by ch. 325, deleted tion of speed by local authorities. 

49-240. Certain circumstances for forfeiture of bond for traffic 
offenses. — (1) Whenever a person has received a written uniform misde- 
meanor traffic citation, summons or complaint containing a notice to appear 
before a magistrate, and if the attorney prosecuting the case and the 
defendant concur that it is in the best interest of justice that the defendant 
may post and forfeit an amount of the bond agreed upon by the parties, the 
court shall dismiss the charge. When bond is forfeited under the provisions 
of this subsection, no violation points, as prescribed in section 49-326, Idaho 
Code, shall accrue. A forfeiture of bond under the provisions of this 
subsection shall not be recorded as a conviction, but the proceeds of the bond 
shall be distributed as court costs and fines as though there were a 
conviction. 

(2) The provisions of subsection (1) of this section shall not be available 
when citations, summons or complaints are written for a violation of the 
provisions of section 18-8001, 18-8004, 18-8006 or 49-1401, Idaho Code. 

(3) Whenever a person who, while operating a commercial motor vehicle 
or whenever a holder of a class A, B or C license, has received a written 
uniform traffic citation, summons or complaint containing a notice to appear 
before a magistrate for an offense arising out of the operation of a motor 
vehicle, any bond forfeiture shall be treated as though it were a conviction. 

History. 549; am. 1992, ch. 161, § 1, p. 517; am. 1996, 

I.C., § 49-1121, as added by 1983 (Ex. ch. 371, § 4, p. 1246; am. 2006, ch. 164, § 3, p. 

Sess.), ch. 3, § 16, p. 8; am. 1984, ch. 22, § 7, 489; am. 2010, ch. 49, § 2, p. 89. 
p. 25; am. and redesig. 1988, ch. 265, § 32, p. 



37 MOTOR VEHICLE DRIVER'S LICENSES 49-301 

STATUTORY NOTES 

Amendments. vehicle or whenever a holder of a class A" for 

The 2010 amendment, by ch. 49, substi- "holds a class A" in subsection (3). 
tuted "while operating a commercial motor 

CHAPTER 3 
MOTOR VEHICLE DRIVER'S LICENSES 

SECTION. SECTION. 

49-301. Drivers to be licensed. 49-315. Licenses issued to drivers. 

49-302. What persons are exempt from li- 49-317. Restricted driver's licenses. 

cense. 49-319. Expiration and renewal of driver's 
49-304. Motorcycle endorsement. license. 

49-305. Instruction permits - Temporary li- 49 . 321 Recordg to be k t b the d rt _ 

censes — Motorcycle endorse- ment 

An nnn a t > v 49-322. Authority of department to cancel 

49-306. Application for drivers license, in- , . , ,. . . ., 

, , j driver s license or instruction 
struction permit, or restricted 

school attendance driving per- \ '. 

m ^ 49-326. Authority of department to suspend, 

49-307. Class D driver's training instruction disqualify or revoke driver's 

permit and temporary permits license and privileges. 

— Class D supervised instruc- 49-328. Reinstatement of revoked, disquali- 
tion permit — Application for fied or suspended driver's li- 

a class D driver's license — cense — Fee — When rein- 

Restrictions on class D driv- statement prohibited, 

er's license. 49-335. Disqualifications and penalties — 

49-313. Examination of applicants. Commercial driver's license. 

49-314. Local examiners appointed by de- 49-337. Employee and employer responsibil- 
partment. ities. 

49-301. Drivers to be licensed. — (1) No person, except those ex- 
pressly exempted by the provisions of this chapter, shall drive any motor 
vehicle upon a highway unless the person has a current and valid Idaho 
driver's license. Provided however, that those persons holding a restricted 
school attendance driving permit may drive upon a highway pursuant to the 
restrictions set forth in section 49-307A, Idaho Code. 

(2) No person shall operate a motorcycle upon a highway unless he has a 
motorcycle endorsement on his valid driver's license. 

(3) No person shall operate a motor vehicle in violation of any valid 
restriction identified on, or attached to, his valid driver's license. 

(4) No person shall receive a class D driver's license unless and until he 
surrenders to the department all driver's licenses in his possession issued to 
him by Idaho or any other jurisdiction for use within the United States, or 
any identification cards issued by any other jurisdiction within the United 
States, or until he executes an affidavit that he does not possess a driver's 
license or any identification cards. 

(5) No person shall be permitted to have more than one (1) driver's license 
issued for use within the United States at any time. 

(6) No person shall operate a commercial motor vehicle as defined in 
section 49-123, Idaho Code, upon a highway: 

(a) Without obtaining a commercial driver's license. 



49-302 MOTOR VEHICLES 38 

(b) Without having the appropriate class A, B or C commercial driver's 
license in the operator's possession. 

(c) Without the proper license class of commercial driver's license or 
endorsements for the specific vehicle group being operated or for the 
passengers or type of cargo being transported. 

(d) Unless the operator has a seasonal or class A, B or C driver's license 
with required endorsements in his possession. 

(e) Without having a current and valid medical examiner's certificate on 
file with the department while operating in a "non-excepted" status as 
required by the federal motor carrier safety administration. Medical 
examiner's certificates submitted for filing must be legible and shall be 
submitted in a manner acceptable to the department. If the federal motor 
carrier safety administration has issued a medical exemption letter or 
skill performance evaluation certificate, the driver must have the current 
and valid documentation in physical possession and available upon 
request to a duly authorized federal, state or local enforcement official. 

(7) Any holder of a class A, B or C commercial driver's license issued by 
a jurisdiction other than Idaho shall apply for an Idaho-issued commercial 
driver's license within thirty (30) days of establishing a domicile in Idaho. In 
accordance with the federal motor carrier safety regulations, no person shall 
receive a class A, B or C driver's license unless and until he surrenders to 
the department all driver's licenses in his possession issued to him by Idaho 
or any other jurisdiction. 

(8) Except as provided in section 49-304, Idaho Code, a violation of this 
section is a misdemeanor. 

History. § 3, p. 728; am. 1996, ch. 371, § 5, p. 1246; 

1935, ch. 88, § 7, p. 154; am. 1951, ch. 183, am. 1998, ch. 100, § 1, p. 349; am. 1999, ch. 

§ 3, p. 383; am. 1955, ch. 39, § 1, p. 56; am. 81, § 7, p. 237; am. 2000, ch. 327, § 2, p. 1101; 

1981, ch. 312, § 1, p. 656; am. and redesig. am. 2002, ch. 235, § 1, p. 696; am. 2002, ch. 

1988, ch. 265, § 35, p. 549; am. 1989, ch. 88, 355, § 1, p. 1011; am. 2004, ch. 126, § 3, p. 

§ 14, p. 151; am. 1990, ch. 45, § 14, p. 71; am. 422; am. 2006, ch. 164, § 4, p. 489; am. 2011, 

1993, ch. 300, § 2, p. 1105; am. 1994, ch. 234, ch. 60, § 2, p. 124. 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2011 amendment, by ch. 60, added Section 8 of S.L. 2011, ch. 60 provided that 

paragraph (6)(e). the act should take effect on and after Janu- 

Federal References. ary 30 ' 2012, Cna P ter 60 became law without 

Federal regulations'concerning commercial the signature of the governor, 
drivers can be found at 49 C.F.R. § 383.1 et 
seq. 

49-302. What persons are exempt from license. — The following 
persons are exempt from licensing if driving privileges are not suspended, 
canceled, revoked, disqualified, denied or refused: 

(1) Any person while driving or operating any farm tractor or implement 
of husbandry when incidentally operated on a highway. 

(2) Farmers are exempt from obtaining a class A, B or C driver's license 
to operate a commercial motor vehicle which is: 



39 MOTOR VEHICLE DRIVER'S LICENSES 49-302 

(a) Controlled and operated by a farmer, including operation by employ- 
ees or family members; and 

(b) Used to transport either agricultural products, farm machinery, farm 
supplies, or both, to or from a farm; and 

(c) Not used in the operations of a common or contract motor carrier; and 

(d) Used within one hundred fifty (150) miles of the person's farm. 

(3) Any person is exempt from obtaining a class A, B or C driver's license 
for the operation of commercial motor vehicles which are necessary to the 
preservation of life or property or the execution of emergency governmental 
functions, are equipped with audible and visual signals, and are not subject 
to normal traffic regulations. 

(4) Any person is exempt from obtaining a class A, B or C license to 
operate a commercial vehicle which is exclusively used to transport personal 
possessions or family members for nonbusiness or recreational purposes. 

(5) A nonresident who is at least fifteen (15) years of age and who has in 
his immediate possession a valid driver's license issued to him in his home 
state or country may operate a motor vehicle in Idaho only as a class D 
operator with driving privileges restricted to daylight hours only except as 
provided in section 49-307(9), Idaho Code, and with full privileges at sixteen 
(16) years of age, and only if Idaho residency is not established. 

(6) A nonresident who is at least fifteen (15) years of age and who has in 
his possession a valid driver's license with a motorcycle endorsement or who 
has a valid motorcycle driver's license issued to him in his home state or 
country may operate a motorcycle in Idaho with driving privileges restricted 
to daylight hours only, and with full privileges at sixteen (16) years of age. 

(7) A nonresident who has in his immediate possession a valid commer- 
cial driver's license issued to him in his home state or country may operate 
a motor vehicle in Idaho. 

(8) A nonresident on active duty in the armed forces of the United States 
who has a valid driver's license issued by his home jurisdiction, and such 
nonresident's spouse or dependent son or daughter who has a valid driver's 
license issued by such person's home jurisdiction. 

(9) Any active duty military personnel, active duty U.S. coast guard 
personnel, and members of the reserves and national guard on active duty 
including personnel on full-time national guard duty, personnel on part- 
time training and national guard military technicians who as civilians are 
required to wear military uniforms and are subject to the code of military 
justice, are exempt from obtaining a commercial driver's license to operate 
military vehicles. This exemption does not apply to U.S. reserve technicians. 

(10) Any person with a valid driver's license issued in their name is 
exempt from the requirement to obtain a motorcycle endorsement on the 
license when operating a motorcycle on highways or sections of highways 
designated for unregistered motorcycle use under section 49-426(3), Idaho 
Code. 

(11) Any person under the age of sixteen (16) years when operating an 
ATV, UTV, specialty off-highway vehicle or motorbike on roads on federal or 
state land where the road is not part of the highway system of the state of 
Idaho or local road management authority and is supervised by a licensed 



49-304 MOTOR VEHICLES 40 

adult operator eighteen (18) years of age or older, and the road is open for 
such use, subject to the following: 

(a) Any unlicensed operators under the age of sixteen (16) years, on 
national forest roads must have completed a motorbike or ATV safety 
course approved by the Idaho department of parks and recreation, and a 
certificate or other proof of completion of such safety course shall be in the 
possession of the unlicensed operator of any ATV, UTV, specialty off- 
highway vehicle or motorbike, or shall be present in the vehicle at all 
times when the vehicle is operated on national forest roads. The certificate 
or proof of completion shall be provided for inspection to any peace officer 
upon request. No person shall be convicted of violating the provisions of 
this subsection if that person produces, at any time prior to conviction, the 
certificate or proof of completion of the approved safety course where the 
certificate shows completion of the course prior to the violation. In the 
event of a violation of the provisions of this subsection, the supervising 
adult may be charged with an infraction. 

(b) For purposes of this subsection, "supervised" means that the super- 
vising adult must be in a position, on another ATV, UTV, specialty 
off-highway vehicle or motorbike, or if on the ground, within three 
hundred (300) feet of the unlicensed operator, to provide close support, 
assistance or direction to the unlicensed operator. 

History. 1994, ch. 234, § 4, p. 728; am. 1998, ch. 110, 

1935, ch. 88, § 8, p. 154; am. 1955, ch. 67, § 12, p. 375; am. 2000, ch. 315, § 1, p. 1059; 

§ 1, p. 133; am. and redesig. 1988, ch. 265, am. 2003, ch. 47, § 1, p. 176; am. 2008, ch. 

§ 36, p. 549; am. 1989, ch. 88, § 15, p. 151; 194, § 2, p. 610; am. 2009, ch. 157, § 6, p. 

am. 1990, ch. 45, § 15, p. 71; am. 1991, ch. 89, 458; am. 2011, ch. 330, § 1, p. 966. 
§ 2, p. 196; am. 1992, ch. 115, § 7, p. 345; am. 

STATUTORY NOTES 

Amendments. "eighteen ( 18) years of age or older" and added 

The 2009 amendment, by ch. 157, added "subject to the following" in the introductory 

subsection (11). paragraph and added paragraphs (a) and (b). 

The 2011 amendment, by ch. 330, in sub- 
section (11), substituted "local road manage- Effective Dates. 

ment authority and" for "any political subdi- Section 17 of S.L. 2009, ch. 157 declared an 

vision thereof when the person", inserted emergency. Approved April 9, 2009. 

49-304. Motorcycle endorsement. — The department shall issue a 
motorcycle "M" endorsement on a driver's license to applicants who com- 
plete the requirements to operate a motorcycle. 

(1) No person may operate a motorcycle upon a highway without a 
motorcycle "M" endorsement on a valid driver's license. 

(2) Any person who applies for a driver's license or renewal of a license 
may also apply for a motorcycle "M" endorsement. The requirements for 
obtaining a motorcycle "M" endorsement are: 

(a) The applicant shall be tested by written examination for his knowl- 
edge of safe motorcycle operating practices and traffic laws specific to the 
operation of motorcycles upon payment of the fee specified in section 
49-306, Idaho Code. 

(b) Upon successful completion of the knowledge test and upon payment 



41 MOTOR VEHICLE DRIVER'S LICENSES 49-305 

of the fee required for an "M" endorsement, the applicant shall obtain a 
motorcycle "M" endorsement on his driver's license. 

(3) No person under the age of twenty-one (21) years may apply for or 
obtain a motorcycle "M" endorsement on his driver's license unless he has 
successfully completed a motorcycle rider training course approved under 
the provisions of chapter 49, title 33, Idaho Code, in addition to satisfying 
the requirements specified in subsection (2) of this section. The provisions of 
this subsection shall not be effective unless and until the motorcycle rider 
training course is fully implemented by the division of professional-techni- 
cal education. 

(4) Any person who applies for a motorcycle endorsement on a driver's 
license, in addition to the requirements specified in subsection (2) of this 
section, may also be required to pass the motorcycle "M" skills test before he 
can obtain the motorcycle "M" endorsement. 

(5) The operation of a motorcycle upon a highway by any person who has 
failed to obtain a motorcycle "M" endorsement as provided in this section 
shall constitute an infraction. 

History. am. 2002, ch. 355, § 2, p. 1011; am. 2005, ch. 

I.C., § 49-304, as added by 1994, ch. 234, 25, § 56, p. 82; am. 2008, ch. 18, § 2, p. 26; 
§ 5, p. 728; am. 1998, ch. 110, § 15, p. 375; am. 2009, ch. 30, § 7, p. 82. 

STATUTORY NOTES 

Amendments. cation" for "department of education" in sub- 

The 2009 amendment, by ch. 30, substi- section (3). 
tuted "division of professional-technical edu- 

49-305. Instruction permits — Temporary licenses — Motorcycle 
endorsement instruction permit. — (1) Upon passage of the required 
knowledge tests appropriate for the vehicle being operated, the department 
may issue a class A, B or C instruction permit for the type of vehicle(s) the 
person will be operating, or a class D instruction permit for a class D motor 
vehicle, entitling the applicant, while having the permit in his immediate 
possession, to drive a motor vehicle upon the highways for a period of up to 
one hundred eighty (180) days or as provided in paragraph (b) of this 
subsection (1) for certain class D instruction permits. That person must be 
accompanied by an adult driver eighteen (18) years of age or older who holds 
a valid driver's license appropriate for the vehicle being operated and who is 
actually occupying a seat beside the driver. 

(a) Any person under the age of seventeen (17) years who has successfully 
completed an approved driver's training course and has satisfied the 
requirements of a class D supervised instruction permit, or any person 
who has reached the age of seventeen (17) years may apply for a class D 
instruction permit. Any person applying for any class D instruction permit 
or driving privileges who is under the age of eighteen (18) years shall be 
in compliance with school attendance requirements of section 49-303A, 
Idaho Code. 

(b) If a person reaches the age of seventeen (17) years while operating a 
class D vehicle with a class D supervised instruction permit, and such 



49-305 MOTOR VEHICLES 42 

class D supervised instruction permit becomes a class D instruction 
permit as provided in section 49-307, Idaho Code, then such class D 
instruction permit shall expire five (5) days after the permittee's eigh- 
teenth birthday. 

(c) Any person who has reached the age of eighteen (18) years, holds a 
valid Idaho class D driver's license and has at least one (1) year of driving 
experience, may apply for a class A, B or C instruction permit. 

(d) The department shall not issue a hazardous material endorsement on 
any instruction permit. 

(2) The department may, at its discretion, issue a temporary class D 
driver's license to an applicant for a class D driver's license permitting him 
to operate a motor vehicle while the department is completing its investi- 
gation and determination of all facts relative to the applicant's right to 
receive a driver's license. The temporary license may be canceled at the 
department's discretion at any time after issuance. The temporary license 
must be in the applicant's immediate possession while operating a motor 
vehicle, and it shall be invalid when the applicant's driver's license has been 
issued or for good cause has been refused. 

(3) A certified copy of an applicant's birth certificate shall be required 
before a class D driver's license or class D instruction permit will be issued. 

(4) The department may issue a motorcycle endorsement instruction 
permit to an applicant who has a valid driver's license and who has 
successfully completed the motorcycle rider's knowledge test and paid the 
appropriate fees. The permit entitles the applicant, while having the permit 
in his immediate possession, to operate a motorcycle upon the highways for 
a period not to exceed one hundred eighty (180) days. If the permittee passes 
the skills test for a motorcycle endorsement within one hundred eighty (180) 
days of issuance of the motorcycle endorsement instruction permit, he shall 
not be required to pay the motorcycle endorsement fee. A person holding a 
motorcycle instruction permit shall not carry any passenger while operating 
a motorcycle, shall not operate a motorcycle except during the hours of 
daylight only and shall not operate a motorcycle upon any interstate 
highway system. 

A violation of the conditions of a motorcycle endorsement instruction permit 
is an infraction. The department shall cancel the permit whether or not such 
violation results in conviction of the infraction. 

History. am. 1994, ch. 234, § 6, p. 728; am. 1994, ch. 

1935, ch. 88, § 11, p. 154; am. 1961, ch. 310, 347, § 2, p. 1098; am. 1996, ch. 348, § 4, p.; 

§ 14, p. 576; am. and redesig. 1988, ch. 265, am. 1996, ch. 371, § 7, p. 1246; am. 1998, ch. 

§ 39, p. 549; am. 1989, ch. 88, § 18, p. 151; 110, § 16, p. 375; am. 1999, ch. 81, § 8, p. 237; 

am. 1989, ch. 426, § 2, p. 1054; am. 1990, ch. am. 2000, ch. 214, § 6, p. 583; am. 2000, ch. 

45, § 17, p. 71; am. 1991, ch. 89, § 4, p. 196; 327, § 3, p. 1101; am. 2004, ch. 297, § 1, p. 

am. 1991, ch. 286, § 1, p. 737; am. 1992, ch. 827; am. 2008, ch. 194, § 4, p. 612; am. 2010, 

115, § 9, p. 345; am. 1992, ch. 117, § 1, p. 390; ch. 16, § 2, p. 21. 

STATUTORY NOTES 

Amendments. tuted "A certified" for "The certified" at the 

The 2010 amendment, by ch. 16, substi- beginning of subsection (3). 



43 MOTOR VEHICLE DRIVER'S LICENSES 49-306 

49-306. Application for driver's license, instruction permit, or 
restricted school attendance driving permit. — (1) Every application 
for any instruction permit, restricted school attendance driving permit, or 
for a driver's license shall be made upon a form furnished by the department 
and shall be verified by the applicant before a person authorized to 
administer oaths. Officers and employees of the department and sheriffs and 
their deputies are authorized to administer the oaths without charge. Every 
application for a permit, extension or driver's license shall be accompanied 
by the following fee, none of which is refundable: 

(a) Class A, B, C (4-year) license with endorsements — age 21 

years and older $40.00 

(b) Class A, B, C (3-year) license with endorsements — age 18 to 

21 years $30.00 

(c) Class A, B, C (1-year) license with endorsements — age 20 

years $15.00 

(d) Class D (3-year) license — under age 18 years $25.00 

(e) Class D (3-year) license — age 18 to 21 years $25.00 

(f) Class D (1-year) license — age 17 years or age 20 years $15.00 

(g) Four-year Class D license — age 21 years and older $30.00 

(h) Eight-year Class D license — age 21 to 63 years $55.00 

(i) Class A, B, C instruction permit $29.00 

(j) Class D instruction permit or supervised instruction permit .. $15.00 
(k) Duplicate driver's license or permit issued under section 

49-318, Idaho Code $15.00 

(Z) Driver's license extension issued under section 49-319, 

Idaho Code $10.00 

(m) License classification change (upgrade) $25.00 

(n) Endorsement addition $15.00 

(o) Class A, B, C skills tests not more than $70.00 

(p) Class D skills test $24.00 

(q) Motorcycle endorsement skills test $10.00 

(r) Knowledge test $ 3.00 

(s) Seasonal driver's license $39.00 

(t) One time motorcycle "M" endorsement $15.00 

(u) Motorcycle endorsement instruction permit $15.00 

(v) Restricted driving permit or restricted school attendance 

driving permit $60.00 

(2) Every application shall state the true and full name, date of birth, sex, 
declaration of Idaho residency, Idaho residence address and mailing ad- 
dress, if different, of the applicant, height, weight, hair color, and eye color, 
and the applicant's social security number as verified by the social security 
administration. If an applicant has submitted an application pursuant to 
the provisions of chapter 58, title 19, Idaho Code, then the applicant may 
state, in his or her application pursuant to this section, the applicant's 
alternative Idaho mailing address in place of his or her Idaho residence 
address and mailing address. 

(a) The requirement that an applicant provide a social security number 
as verified by the social security administration shall apply only to 
applicants who have been assigned a social security number. 



49-306 MOTOR VEHICLES 44 

(b) An applicant who has not been assigned a social security number 
shall: 

(i) Present written verification from the social security administration 
that the applicant has not been assigned a social security number; and 
(ii) Submit a birth certificate, passport or other documentary evidence 
issued by an entity other than a state or the United States; and 
(iii) Submit such proof as the department may require that the appli- 
cant is lawfully present in the United States. 
A driver's license or any instruction permit issued on and after January 1, 
1993, shall not contain an applicant's social security number. Applications 
on file shall be exempt from disclosure except as provided in sections 
49-202, 49-203, 49-203A and 49-204, Idaho Code. 

(c) Every application for a class A, B or C license shall state where the 
applicant has been licensed for the preceding ten (10) years and under 
which of the following driving categories the applicant will operate: 

(i) Non-excepted Interstate. The applicant operates or expects to oper- 
ate in interstate commerce, and is required to provide a medical 
examiner's certificate; 

(ii) Excepted Interstate. The applicant operates or expects to operate in 
interstate commerce, but engages exclusively in transportation or 
operations excepted by the federal motor carrier safety administration 
from all or parts of the qualification requirements of federal motor 
carrier safety regulation 49, part 391, and is therefore not required to 
provide a medical examiner's certificate; 

(iii) Non-excepted Intrastate. The applicant operates only in intrastate 
commerce and is subject to and meets all Idaho driver qualification 
requirements and the applicable parts of federal motor carrier safety 
regulation 49, part 391, and is required to provide a medical examiner's 
certificate; or 

(iv) Excepted Intrastate. The applicant operates in intrastate com- 
merce, but engages exclusively in exempted transportation or opera- 
tions as listed in section 67-2901B(2), Idaho Code, and the applicable 
parts of federal motor carrier safety regulation 49, part 391, and is 
therefore not required to provide a medical examiner's certificate. 
All applications shall also state whether the applicant has previously 
been licensed as a driver, and if so, when and by what state or country, and 
whether a driver's license or privileges have ever been suspended, 
revoked, denied, disqualified, canceled or whether an application has ever 
been refused, and if so, the date of and reason for the suspension, 
revocation, denial, disqualification, cancellation or refusal and the appli- 
cant's oath that all information is correct as signified by the applicant's 
signature. 

The applicant must submit proof of identity acceptable to the examiner 
or the department and date of birth as set forth in a certified copy of his 
birth certificate. When a certified copy of his birth certificate or a delayed 
birth certificate is impossible to obtain from a vital statistics agency, 
another government issued document may be submitted that provides 
satisfactory evidence of a person's full legal name and date of birth 
acceptable to the examiner or the department. 



45 MOTOR VEHICLE DRIVER'S LICENSES 49-306 

(d) Individuals required to register in compliance with section 3 of the 
federal military selective service act, 50 U.S.C. App. 451 et seq., as 
amended, shall be provided an opportunity to fulfill such registration 
requirements in conjunction with an application for a driver's license or 
instruction permit. Any registration information so supplied shall be 
transmitted by the department to the selective service system. 

(3) Whenever an application is received from a person previously licensed 
in another jurisdiction, the department shall request a copy of the driver's 
record from the other jurisdiction and shall contact the national driver 
register. When received, the driver's record from the previous jurisdiction 
shall become a part of the driver's record in this state with the same force 
and effect as though entered on the driver's record in this state in the 
original instance. 

(4) Whenever the department receives a request for a driver's record from 
another licensing jurisdiction, the record shall be forwarded without charge. 

(5) The department shall contact and notify the commercial driver license 
information system of the proposed application for a class A, B or C driver's 
license to ensure identification of the person and to obtain clearance to issue 
the license. 

(6) When the fees required under this section are collected by a county 
officer, they shall be paid over to the county treasurer not less often than 
monthly, who shall immediately: 

(a) Deposit an amount equal to five dollars ($5.00) from each driver's 
license except an eight-year class D license, or any class D instruction 
permit application fees, application for a duplicate driver's license or 
permit, classification change, seasonal driver's license and additional 
endorsement, and ten dollars ($10.00) from each eight-year class D 
driver's license, in the current expense fund; and 

(b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 
endorsement and motorcycle endorsement instruction permit fee in the 
current expense fund; and 

(c) Deposit an amount equal to three dollars ($3.00) from each fee for a 
knowledge test in the current expense fund; and 

(d) Deposit an amount equal to ten dollars ($10.00) from each fee for a 
motorcycle endorsement skills test in the current expense fund; provided 
however, if a contractor administers the skills test he shall be entitled to 
the ten dollar ($10.00) fee; and 

(e) Remit the remainder to the state treasurer; and 

(f) Deposit seventeen dollars and fifty cents ($17.50) from each fee for a 
class D skills test into the county current expense fund, unless the test is 
administered by a department-approved contractor, in which case the 
contractor shall be entitled to seventeen dollars and fifty cents ($17.50) of 
each fee. 

(7) When the fees required under this section are collected by a state 
officer or agency, they shall be paid over to the state treasurer. 

(8) The state treasurer shall distribute the moneys received from fees 
imposed by the provisions of this section, whether collected by a county 
officer or by a state officer or agency as follows: 



49-306 MOTOR VEHICLES 46 

(a) Two dollars ($2.00) of each fee for a four-year driver's license or 
seasonal driver's license, and four dollars ($4.00) of each fee for an 
eight-year class D driver's license, and one dollar and fifty cents ($1.50) of 
each fee charged for driver's licenses pursuant to subsections (l)(b), (d) 
and (e) of this section, and fifty cents (50#) of each fee charged for driver's 
licenses pursuant to subsections (l)(c) and (f) of this section, shall be 
deposited in the emergency medical services fund II created in section 
56-1018A, Idaho Code, and four dollars ($4.00) of each fee charged 
pursuant to subsections (l)(a), (g) and (s) of this section and eight dollars 
($8.00) of each fee charged pursuant to subsection (l)(h) of this section 
and three dollars ($3.00) of each fee for driver's licenses pursuant to 
subsections (1Kb), (d) and (e) of this section, and one dollar ($1.00) of each 
fee charged for driver's licenses pursuant to subsections (l)(c) and (f) of 
this section shall be deposited in the emergency medical services fund III 
created in section 56-1018B, Idaho Code; and 

(b) Twenty-eight dollars ($28.00) of each fee for a seasonal or class A, B or 
C driver's license, and nineteen dollars and fifty cents ($19.50) of each fee 
charged for a license pursuant to subsection (1Kb) of this section, and 
eight dollars and sixteen cents ($8.16) of each fee charged for a license 
pursuant to subsection (l)(c) of this section shall be deposited in the state 
highway account; and 

(c) Twenty dollars ($20.00) of each fee for a class A, B or C instruction 
permit or driver's license classification change shall be deposited in the 
state highway account; and 

(d) Four dollars ($4.00) of each fee for a class A, B or C instruction permit 
shall be deposited in the emergency medical services fund III created in 
section 56-1018B, Idaho Code; and 

(e) Ten dollars ($10.00) of each fee for a duplicate seasonal or class A, B 
or C driver's license, class A, B or C driver's license extension, or 
additional endorsement shall be deposited in the state highway account; 
and 

(f) Seven dollars and fifty cents ($7.50) of each fee for a motorcycle 
endorsement and motorcycle endorsement instruction permit shall be 
deposited in the state highway account; and 

(g) Five dollars and thirty cents ($5.30) of each fee for a four-year class D 
driver's license, and ten dollars and sixty cents ($10.60) of each fee for an 
eight-year class D driver's license, and four dollars ($4.00) of each fee 
charged for a license pursuant to subsections (l)(d) and (e) of this section, 
and one dollar and thirty-three cents ($1.33) of each fee charged for a 
license pursuant to subsection (l)(f) of this section shall be deposited in 
the driver training fund; and 

(h) Twelve dollars and seventy cents ($12.70) of each fee for a four-year 
class D driver's license, and twenty dollars and forty cents ($20.40) of each 
fee for an eight-year class D driver's license, and ten dollars and fifty cents 
($10.50) of each fee charged for a license pursuant to subsections (l)(d) 
and (e) of this section, and six dollars and eighty-three cents ($6.83) of 
each fee charged for a license pursuant to subsection (l)(f) of this section 
shall be deposited in the highway distribution fund; and 



47 MOTOR VEHICLE DRIVER'S LICENSES 49-306 

(i) Two dollars and sixty cents ($2.60) of each fee for a class D instruction 

permit, duplicate class D license or permit, and class D license extension 

shall be deposited in the driver training fund; and 

(j) Seven dollars and forty cents ($7.40) of each fee for a class D 

instruction permit, duplicate class D license or permit, and class D license 

extension shall be deposited in the highway distribution fund; and 

(k) Ten dollars ($10.00) of each fee for a class A, B or C skills test shall be 

deposited in the state highway account; and 

(/) One dollar ($1.00) of each fee for a class A, B, C or four-year D driver's 

license, and two dollars ($2.00) of each fee for an eight-year class D 

driver's license, and one dollar ($1.00) of each fee charged for a license 

pursuant to subsections (1Kb), (d) and (e) of this section, and thirty-four 

cents (34^) of each fee charged for a license pursuant to subsections (l)(c) 

and (f) of this section shall be deposited in the motorcycle safety program 

fund established in section 33-4904, Idaho Code; and 

(m) Six dollars and fifty cents ($6.50) of each fee for a class D skills test 

shall be deposited into the state highway account. 

(9) The contractor administering a class A, B or C skills test shall be 
entitled to not more than sixty dollars ($60.00) of the skills test fee. A 
contractor administering a class A, B or C skills test may collect an 
additional fee for the use of the contractor's vehicle for the skills test. 

(10) Sixty dollars ($60.00) of each restricted driving permit and each 
restricted school attendance driving permit shall be deposited in the state 
highway account. 

(11) The department may issue seasonal class B or C driver's licenses to 
drivers who are employees of agri-chemical businesses, custom harvesters, 
farm retail outlets and suppliers, and livestock feeders that: 

(a) Will only be valid for driving commercial vehicles that normally 
require class B or C commercial driver's licenses; 

(b) Will be valid for seasonal periods that begin on the date of issuance 
and that are not to exceed one hundred eighty (180) days in a twelve (12) 
month period; 

(c) May only be obtained twice in a driver's lifetime; 

(d) Are valid only within a one hundred fifty (150) mile radius of the place 
of business or farm being serviced; and 

(e) Will be valid only in conjunction with valid Idaho class D driver's 
licenses. 

(12) The department may issue seasonal class B or C driver's licenses to 
drivers who: 

(a) Have not violated the single license provisions of applicable federal 
regulations; 

(b) Have not had any license suspensions, revocations or cancellations; 

(c) Have not had any convictions in any vehicle for any offense listed in 
section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic offense; 

(d) Have at least one (1) year of driving experience with a class D or 
equivalent license in any type motor vehicle; and 

(e) Are at least sixteen (16) years old. 



49-306 



MOTOR VEHICLES 



48 



History. 

1981, ch. 302, § 2, p. 624; am. 1982, ch. 78 
§ 2, p. 145; am. and redesig. 1988, ch. 265 
§ 40, p. 549; am. 1989, ch. 88, § 19, p. 151 
am. 1992, ch. 115, § 10, p. 345; am. 1992, ch 
118, § 1, p. 391; am. 1993, ch. 300, § 3, p 
1105; am. 1993, ch. 304, § 1, p. 1126; am 
1994, ch. 234, § 7, p. 728; am. 1994, ch. 347 
§ 3, p. 1098; am. 1995, ch. 339, § 2, p. 1119 
am. 1996, ch. 371, § 8, p. 1246; am. 1997, ch 
80, § 11, p. 165; am. 1997, ch. 357, § 1, p 
1052; am. 1998, ch. 110, § 17, p. 375; am 
1998, ch. 248, § 2, p. 809; am. 1998, ch. 394 



§ 1, p. 1235; am. 1999, ch. 81, § 9, p. 237; am. 
1999, ch. 317, § 1, p. 797; am. 1999, ch. 318, 
§ 1, p. 803; am. 1999, ch. 319, § 1, p. 811; am. 
1999, ch. 360, § 2, p. 951; am. 2000, ch. 56, 
§ 1, p. Ill; am. 2000, ch. 214, § 7, p. 583; am. 
2001, ch. 74, § 1, p. 171; am. 2001, ch. 110, 
§ 49, p. 373; am. 2001, ch. 347, § 1, p. 1219; 
am. 2002, ch. 161, § 1, p. 474; am. 2002, ch. 
235, § 3, p. 696; am. 2005, ch. 352, § 5, p. 
1085; am. 2008, ch. 63, § 2, p. 156; am. 2009, 
ch. 331, § 3, p. 947; am. 2010, ch. 16, § 3, p. 
21; am. 2010, ch. 225, § 3, p. 501; am. 2011, 
ch. 60, § 3, p. 124. 



STATUTORY NOTES 



Amendments. 

The 2009 amendment, by ch. 331, increased 
certain fees throughout the section; and, 
throughout subsection (8) and in subsection 
(10), substituted "state highway account" for 
"state highway fund". 

This section was amended by two 2010 acts 
which appear to be compatible and have been 
compiled together. 

The 2010 amendment, by ch. 16, substi- 
tuted the present provisions of the last para- 
graph of paragraph (2Kb) for "The applicant 
may be required to submit proof of identity 
acceptable to the examiner or the department 
and date of birth as set forth in a certified 
copy of his birth certificate when obtainable, 
or another document which provides satisfac- 
tory evidence of a person's date of birth ac- 
ceptable to the examiner or the department." 

The 2010 amendment, by ch. 225, added the 
last sentence in the introductory paragraph 
in subsection (2). 

The 2011 amendment, by ch. 60, in subsec- 
tion (2), added the paragraph (c) designation 
to the first part of the former second 
undesignated paragraph, adding "under 
which of the following driving categories the 
applicant will operate"; added paragraphs (i) 
to (iv), created a new undesignated paragraph 
from the remaining text, and redesignated 
former paragraph (c) as (d). 

Legislative Intent. 

Section 1 of S.L. 2009, ch. 331 provided: 
"Legislative Intent. It is the intent of the 
Legislature that the moneys raised through 
the increase in fees authorized by the provi- 
sions of this act be expended in the following 
order on and for the following: 

"(a) First, moneys raised from the increase 
in fees should be expended to address any 
revenue deficit or shortfall that the Division 
of Motor Vehicles is operating under as of 
June 30, 2009. 

"(b) Second, any moneys remaining after 
the expenditures relating to subsection (a) of 
this section, should be expended on improve- 



ments to the Division of Motor Vehicle's tech- 
nology operations and improvements. 

"(c) Third, any moneys remaining after the 
expenditures relating to subsections (a) and 
(b) of this section, should be spent on depart- 
ment technology operations and improve- 
ments including, but not limited to: pave- 
ment, maintenance, scheduling and financial 
electronic management systems. 

"(d) The department should review approx- 
imately every five (5) years the fees provided 
for in this act and recommend appropriate 
changes to such fees in the Legislature." 

Federal References. 

The reference to federal motor carrier 
safety regulation 49, part 391, in paragraph 
(2)(c)(ii), is to 49 C.F.R. Part 391. 

Section 3 of the federal military selection 
service act, referred to in the last paragraph 
of subsection (2), is codified as 50 USCS Appx 
§ 453. 

Compiler's Notes. 

The national driver register, referred to in 
subsection (3), is a database of information 
about drivers who have had their licenses 
revoked or suspended, or who have been con- 
victed of serious traffic violations maintained 
by the national highway traffic safety admin- 
istration. 

The commercial driver license information 
system, referred to in subsection (5), is oper- 
ated by the American association of motor 
vehicle administrators and assists jurisdic- 
tions in enforcing that each driver, nation- 
wide, has only one driver license and one 
driving record. 

Effective Dates. 

Section 9 of S.L. 2009, ch. 331 provided that 
the act should take effect on and after Janu- 
ary 1, 2010. 

Section 8 of S.L. 2010, ch. 225 provided that 
the act should take effect on and after Janu- 
ary 1, 2011. 

Section 8 of S.L. 2011, ch. 60 provided that 
the act should take effect on and after Janu- 



49 MOTOR VEHICLE DRIVER'S LICENSES 49-307 

ary 30, 2012. Chapter 60 became law without 
the signature of the governor. 

49-307. Class D driver's training instruction permit and tempo- 
rary permits — Class D supervised instruction permit — Applica- 
tion for a class D driver's license — Restrictions on class D driver's 
license. — (1) No enrollee of any class D driver's training course shall be 
allowed to attend classes or participate in driving instruction unless he has 
obtained a class D driver's training instruction permit, or a class D 
instruction permit as provided in subsection (4) of this section. 

(2) Every enrollee of a class D driver's training course shall pay a 
nonrefundable fee of fifteen dollars ($15.00). Five dollars ($5.00) of each fee 
so imposed shall be deposited in the driver training account, five dollars 
($5.00) shall be deposited in the state highway account, and five dollars 
($5.00) shall be deposited in the county current expense fund. 

(3) Each enrollee of a class D driver's training course shall provide the 
type of information required for a driver's license or instruction permit. If an 
enrollee of a class D driver's training course cannot provide a certified copy 
of his birth certificate at the time of application for a permit, the department 
may issue a temporary driver's training instruction permit or a temporary 
class D instruction permit upon receipt of both a photo identification and a 
letter from the school verifying the applicant's enrollment in a driver's 
training course. The certified copy of an applicant's birth certificate shall be 
required before a class D driver's license will be issued. 

(4) The class D driver's training instruction permit shall expire five (5) 
days after the permittee's eighteenth birthday for permittees fourteen and 
one-half (14 1/2) years of age through seventeen and one-half (17 1/2) years 
of age. The class D driver's training instruction permit shall expire one 
hundred eighty (180) days from the date of issue for persons seventeen and 
one-half (17 1/2) years of age or older. Persons aged seventeen (17) years or 
older may attend classes or participate in driver's training instruction while 
operating with a class D instruction permit or a class D driver's training 
instruction permit. 

(5) The class D driver's training instruction permit shall be issued to the 
instructor of the course. 

(6) Class D supervised instruction permit. 

(a) Upon successful completion of the class D driver's training course, the 
driver's training instructor shall submit the student log to the county 
driver's license office and give the class D driver's training instruction 
permit to the parent or legal guardian of the permittee, and the parent or 
legal guardian shall assume responsibility for ensuring that the permittee 
complies with the requirements of operating a vehicle with a class D 
supervised instruction permit. The class D driver's training instruction 
permit shall then serve as a class D supervised instruction permit. 

(b) In the event the permittee reaches the age of seventeen (17) years 
while operating a class D vehicle with a class D supervised instruction 
permit, the supervised instruction permit shall become a class D instruc- 
tion permit. 



49-307 MOTOR VEHICLES 50 

(7) No permittee may apply for a class D driver's license sooner than 
fifteen (15) years of age and no sooner than six (6) months after completing 
a class D driver's training course, during which time the permittee shall 
satisfy all requirements for operation of a class D vehicle with a class D 
supervised instruction permit as follows: 

(a) The permittee shall not operate a vehicle unless he is accompanied by 
a driver who holds a valid driver's license, is twenty-one (21) years of age 
or older, and who is actually occupying a seat beside the permittee driver. 
The supervising driver and the permittee shall be the only occupants of 
the front passenger section of the vehicle. 

(b) Over a period of time not less than six (6) months, the permittee shall 
accumulate at least fifty (50) hours of supervised driving time, ten (10) 
hours of which shall be during hours of darkness. 

(c) The permit shall be in the permittee's immediate possession at all 
times while operating a vehicle. 

(d) In addition to the permittee driver and the supervising driver, all 
other occupants of the vehicle shall wear a seat belt or be restrained by 
child passenger restraints as required by law. 

(e) The permittee is subject to the provisions of sections 18-1502 and 
18-8004, Idaho Code, relating to violation of age restrictions on consump- 
tion of beer, wine, and alcohol and driving under the influence of alcohol, 
drugs or any other intoxicating substances, respectively. 

(f) The permittee shall not have been convicted of any moving traffic 
violation, or have had driving privileges suspended by the department or 
the court for any offense, or found to be in violation of any of the 
restrictions on the class D supervised instruction permit, for a period of at 
least six (6) months from the date the driver's training instructor gave the 
permit to the parent or legal guardian, or from the date a canceled class 
D supervised instruction permit was reissued, or until the permittee 
reaches seventeen (17) years of age. 

(g) If the permittee is under seventeen (17) years of age and is convicted 
of a violation of any traffic law, or section 18-1502, Idaho Code, or section 
18-8004, Idaho Code, or section 23-949, Idaho Code, or is found to be in 
violation of any of the restrictions on the class D supervised instruction 
permit, the department shall cancel the class D supervised instruction 
permit, and the cancellation shall not be used to establish rates of motor 
vehicle insurance charged by a casualty insurer. If the permittee is under 
seventeen (17) years of age, the permittee may reapply for and be issued 
a new class D supervised instruction permit upon payment of the 
appropriate fee, and shall again be required to operate with the class D 
supervised instruction permit for at least six (6) months from the date of 
reissue without a conviction or suspension, accumulate the required 
hours of driving time and adhere to the requirements as specified in 
paragraphs (a) through (f) of this subsection (7). 

(8) Upon completion of the requirements in subsection (7) of this section, 
the permittee shall take the knowledge test and skills test administered by 
a person certified by the Idaho transportation department to administer 
knowledge and skills tests. 



51 MOTOR VEHICLE DRIVER'S LICENSES 49-313 

(9) Upon passage of the knowledge and skills tests, the permittee may 
apply for a class D driver's license with driving privileges restricted to 
daylight hours for persons under sixteen (16) years of age, and with full 
privileges at sixteen (16) years of age or older. Provided however, the 
restriction on daylight hours only driving privileges for persons under 
sixteen (16) years of age shall not apply if: 

(a) The person under sixteen (16) years of age has a valid class D driver's 
license; and 

(b) Is accompanied by a driver who holds a valid driver's license and is 
twenty-one (21) years of age or older and is actually occupying a seat 
beside the licensee who is under sixteen (16) years of age; and 

(c) The two (2) licensed drivers are the only occupants of the front 
passenger section of the vehicle. 

The restriction of daylight hours only shall mean that period of time 
one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. 

(10) Upon passage of the knowledge and skills tests, the permittee may 
apply for a class D driver's license. Any such licensee who is under the age 
of seventeen (17) years shall be required, during the first six (6) months from 
the date of issue of the class D driver's license, to limit the number of 
passengers in the vehicle who are under the age of seventeen (17) years to 
not more than one (1) such passenger. Provided however, the limit of one (1) 
passenger under the age of seventeen (17) years shall not apply to passen- 
gers who are related to the driver by blood, adoption or marriage. 

History. 347, § 4, p. 1098; am. 1998, ch. 110, § 18, p. 

I.C., § 49-312A, as added by 1985, ch. 172, 375; am. 2000, ch. 214, § 8, p. 583; am. 2003, 

§ 3, p. 450; am. and redesig. 1988, ch. 265, ch. 47, § 3, p. 176; am. 2007, ch. 249, § 2, p. 

§ 41, p. 549; am. 1989, ch. 88, § 20, p. 151; 730; am. 2008, ch. 194, § 5, p. 613; am. 2010, 

am. 1990, ch. 45, § 18, p. 71; am. 1994, ch. ch. 16, § 4, p. 21. 

STATUTORY NOTES 

Amendments. paragraph (6)(a), substituted "submit the stu- 

The 2010 amendment, by ch. 16, in subsec- dent log to the county driver's license office 

tion (1), deleted the former last sentence and give" for "date and sign", deleted "over" 

which read: "The class D driver's training following "instruction permit", deleted "also 

instruction permit shall expire five (5) days date and sign the class D driver's training 

after the permittee's eighteenth birthday"; in instruction permit and in so doing agrees to" 

the first sentence of subsection (4), substi- following "legal guardian shall"; in the last 

tuted "shall expire five (5) days after the sentence of paragraph (6)(a), deleted "signed 

permittee's eighteenth birthday for permit- and dated" preceding "class D driver's"; in 

tees fourteen and one-half (14 1/2) years of paragraph (6)(b), deleted "and such class D 

age through seventeen and one-half (17 1/2)" instruction permit shall expire five (5) days 

for "is available to a person aged fourteen and after the permittee's eighteenth birthday" fol- 

one-half (14 1/2) years up to seventeen (17)"; lowing "instruction permit"; in paragraph 

added the second sentence in subsection (4); (7)(f), substituted "gave the permit" for 

at the end of the last sentence of subsection "signed the permit over"; and, in the last 

(4), added "or a class D driver's training sentence of paragraph (7)(g), substituted "fee" 

instruction permit"; in the first sentence of for "fees". 

49-313. Examination of applicants. — (1) The sheriff, his deputy or 
authorized agents of the department shall examine every applicant for an 
instruction permit, restricted school attendance driving permit, seasonal 
driver's license, driver's license or a motorcycle endorsement, except as 



49-313 MOTOR VEHICLES 52 

otherwise provided by law. The examination shall include a vision screening 
and a test of the applicant's ability to read and understand highway signs 
regulating, warning, and directing traffic. A skills test shall be required for 
an applicant who has not been previously licensed for the class of license 
requested, or who holds a license issued by another country unless a 
reciprocal agreement is in force. However, a skills test may be required for 
any and all other applicants at the discretion of the examiner or department 
for a class A, B, C or D driver's license or a motorcycle endorsement. In 
addition, the applicant's knowledge of traffic laws of this state and when a 
motorcycle endorsement is applied for, the applicant's knowledge of safe 
motorcycle operating practices and traffic laws specifically relating to 
motorcycle operation shall be tested by a written examination, except as 
provided in section 49-319, Idaho Code. At the discretion of the examiner, 
the prescribed written examination may be conducted orally. 

(2) The knowledge and skills examinations for applicants for driver's 
licenses in class A, B or C shall be conducted in compliance with 49 CFR part 
383. 

(3) The skills test for a class A, B, C or D driver's license or for any 
endorsement shall be given by the department or its authorized agents. The 
skills examiner for a motorcycle endorsement shall be certified by the 
division of professional-technical education. 

(4) The department shall not issue the following endorsements except as 
provided: 

(a) A tank, double/triple trailer, or hazardous material endorsement 
unless the applicant, in addition to all other applicable qualifications, has 
passed an appropriate knowledge test. 

(b) A passenger endorsement unless the applicant, in addition to all other 
applicable qualifications, has passed an appropriate knowledge and skills 
test. 

(c) A school bus endorsement unless the applicant, in addition to all other 
applicable qualifications, has passed appropriate knowledge and skills 
tests. Until September 30, 2005, the department may waive the school bus 
endorsement skills test requirement if the applicant meets the conditions 
set forth in accordance with 49 CFR part 383.123. 

(5) Any person failing to pass a knowledge or skills test for a class A, B, 
C or D driver's license, or a knowledge test for a seasonal driver's license, or 
any endorsement may not retake the test within three (3) business days of 
the failure. 

(6) Any person retaking a knowledge or skills test for a driver's license 
shall pay the appropriate testing fee as specified in section 49-306, Idaho 
Code. 

(7) The motorcycle skills test for a motorcycle endorsement shall be 
waived by the department: 

(a) On and after September 1, 1998, if the applicant presents satisfactory 
evidence of successful completion of a recognized motorcycle rider training 
course approved by the division of professional-technical education; 

(b) On and after September 1, 1998, if the applicant presents evidence of 
a motorcycle endorsement on his current license by a state or province 



53 MOTOR VEHICLE DRIVER'S LICENSES 49-314 

which requires a motorcycle skills test equivalent to that required by 
Idaho law as determined by the division of professional-technical educa- 
tion; 
(c) Until September 1, 1998. 

(8) At the discretion of the department, an alternate skills test for the 
motorcycle endorsement may be administered when the endorsement is for 
operation of a three-wheeled motorcycle only. 

(9) The department or its authorized agents may refuse to give an 
applicant a skills test if there are reasonable grounds to believe that the 
safety of the applicant, public, or the examiner would be jeopardized by 
doing so. Reasonable grounds would include, but not be limited to, the 
applicant's inability to pass the vision screening, written tests, or a 
statement by a licensed physician stating the applicant is not physically 
able to drive a motor vehicle. 

(10) The department or its authorized agents may deny issuance or 
renewal of a driver's license or endorsement to any applicant who does not 
meet the licensing requirements for the class of driver's license or endorse- 
ment being renewed or issued. 

(11) Skills examinations for seasonal driver's licenses shall be waived. 

History. § 4, p. 1105; am. 1994, ch. 234, § 8, p. 728; 

1935, ch. 88, § 16, p. 154; am. 1943, ch. 146, am. 1995, ch. 339, § 3, p. 1119; am. 1996, ch. 

§ 2, p. 291; am. 1951, ch. 183, § 8, p. 383; am. 371, § 9, p. 1246; am. 1997, ch. 357, § 2, p. 

1975, ch. 169, § 1, p. 459; am. 1976, ch. 54, 1052; am. 1998, ch. 110, § 19, p. 375; am. 

§ 1, p. 191; am. 1977, ch. 68, § 1, p. 130; am. 2000, ch. 214, § 10, p. 583; am. 2002, ch. 235, 

1979, ch. 82, § 1, p. 200; am. and redesig. § 6, p. 696; am. 2005, ch. 352, § 6, p. 1085; 

1988, ch. 265, § 47, p. 549; am. 1989, ch. 88, a m. 2009, ch. 30, § 8, p. 82; am. 2012, ch. 32, 

§ 25, p. 151; am. 1990, ch. 45, § 19, p. 71; am. § 1 p 96 
1991, ch. 89, § 5, p. 196; am. 1993, ch. 300, 

STATUTORY NOTES 

Amendments. tuted "a vision screening and a test of the 

The 2009 amendment, by ch. 30, in subsec- applicant's ability to read" for "a test of the 

tions (3) and (7), substituted "division of pro- applicant's eyesight, his ability to read" in the 

fessional-technical education" for "depart- second sentence in subsection (1) and substi- 

ment of education." tuted "vision screening" for "eye test" in the 

The 2012 amendment, by ch. 32, substi- second sentence in subsection (9). 

49-314. Local examiners appointed by department. — (1) The 

department shall appoint the sheriff in each county and may appoint any 
deputy sheriff, chief of police, or other officials or private citizens whom the 
department deems qualified as examiners, who shall be agents of the 
department and shall perform duties prescribed in this title. 

(2) The department shall appoint at least one (1) employee in the 
department who shall be skilled and highly qualified in the method of giving 
driver's license examinations, who shall have authority, and it shall be this 
person's duty to instruct the examiners appointed by the department in the 
method of giving driver's license examinations and acquaint them with the 
use of equipment and forms needed in examining applicants for licensure. 

(3) Agents of the department appointed to administer skill tests for class 
A, B or C driver's licenses must be certified according to 49 CFR part 383. 



49-315 MOTOR VEHICLES 54 

(4) Agents of the department appointed to administer the skills test for a 
motorcycle endorsement shall be certified by the division of professional- 
technical education. 

(5) Agents of the department to administer skills tests for class D driver's 
license shall be certified by the department. 

History. 1994, ch. 234, § 9, p. 728; am. 1997, ch. 357, 

1988, ch. 265, § 48, p. 549; am. 1989, ch. 88, § 3, p. 1052; am. 2009, ch. 30, § 9, p. 82. 
§ 26, p. 151; am. 1990, ch. 45, § 20, p. 71; am. 

STATUTORY NOTES 

Amendments. technical education" for "department of edu- 

The 2009 amendment, by ch. 30, in subsec- cation." 
tion (4), substituted "division of professional- 

49-315. Licenses issued to drivers. — (1) The department shall issue 
to every qualifying applicant a distinguishing driver's license as applied for, 
which shall bear a distinguishing number assigned to the licensee, the full 
name, date of birth, Idaho residence address, sex, weight, height, eye color, 
hair color, color photograph, name of this state, date of issuance, date of 
expiration, license class, endorsements, restrictions, and the applicant's 
signature. If an applicant has submitted an application pursuant to the 
provisions of chapter 58, title 19, Idaho Code, then the applicant's driver's 
license shall contain his or her alternative Idaho mailing address in place of 
his or her Idaho residence address. Driver's licenses for persons under 
eighteen (18) years of age shall include a notation "under 18 until (month, 
day, year)," and driver's licenses for persons eighteen (18) years of age to 
twenty-one (21) years of age shall include a notation "under 21 until (month, 
day, year)." No driver's license shall be valid until it has been signed on the 
signature line of the license by the licensee. 

(2) Every driver's license shall bear a color photograph of the licensee, 
which shall be taken by the examiner at the time the application is made. 
The photograph shall be taken without headgear or other clothing or device 
that disguises or otherwise conceals the face or head of the applicant. A 
waiver may be granted by the department allowing the applicant to wear 
headgear or other head covering for medical, religious or safety purposes so 
long as the face is not disguised or otherwise concealed. At the request of the 
applicant, a driver's license may contain a statement or indication of the 
medical condition of the licensee. 

(3) The department shall notify the commercial driver license informa- 
tion system that a class A, B or C driver's license has been issued as required 
by 49 CFR parts 383 and 384. 

(4) A licensee applying for a hazardous material endorsement on a 
driver's license shall have a security background records check and shall 
receive clearance from the federal transportation security administration 
before the endorsement can be issued, renewed or transferred as required by 
49 CFR part 383, subject to procedures established by the federal transpor- 
tation security administration. 

(5) A licensee who desires to donate any or all organs or tissue in the 



55 MOTOR VEHICLE DRIVER'S LICENSES 49-317 

event of death, and who has completed a document of gift pursuant to the 
provisions for donation of anatomical gifts as set forth in chapter 34, title 39, 
Idaho Code, may, at the option of the donor, indicate this desire on the 
driver's license by the imprinting of the word "donor" on the license. The 
provisions of this subsection shall apply to licensees sixteen (16) years of age 
or older but less than eighteen (18) years of age if the requirements provided 
in chapter 34, title 39, Idaho Code, have been complied with and the donor 
indicates this desire be placed on the license. 

(6) A licensee who is a person with a permanent disability may request 
that the notation "permanently disabled" be imprinted on the driver's 
license, provided the licensee presents written certification from a licensed 
physician verifying that the licensee's stated impairment qualifies as a 
permanent disability according to the provisions of section 49-117, Idaho 
Code. 

History. 115, § 12, p. 345; am. 1994, ch. 85, § l,p.200; 

1935, ch. 88, § 18, p. 154; am. 1951, ch. 183, am. 1998, ch. 110, § 20, p. 375; am. 1999, ch. 

§ 10, p. 383; 1965, ch. 81, § 1, p. 131; am. 318, § 2, p. 803; am. 2001, ch. 74, § 2, p. 171; 

1977, ch. 129, § 1, p. 275; am. 1978, ch. 178, am. 2001, ch. 332, § 2, p. 1165; am. 2002, ch. 

§ 1, p. 408; am. 1981, ch. 297, § 1, p. 617; am. 171, § 17, p. 493; am. 2004, ch. 297, § 2, p. 

1982, ch. 95, § 44, p. 185; am. 1987, ch. 186, 827; am. 2006, ch. 164, § 5, p. 489; am. 2006, 

§ 1, p. 368; am. and redesig. 1988, ch. 265, cn . 265, § 4, p. 821; am. 2010, ch. 225, § 4, p. 

§ 49, p. 549; am. 1989, ch. 88, § 27, p. 151; 501 
am. 1991, ch. 203, § 1, p. 482; am. 1992, ch. 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2010 amendment, by ch. 225, added the Section 8 of S.L. 2010, ch. 225 provided that 

second sentence in subsection (1). the act should take effect January 1, 2011. 

49-317. Restricted driver's licenses. — (1) The department, upon 
issuing a driver's license, shall have authority whenever good cause appears 
to impose restrictions suitable to the licensee's driving ability with respect 
to: 

(a) The type of or special mechanical control devices required or not 
permitted on a motor vehicle which the licensee may operate; 

(b) Medical variances as determined by the federal motor carrier safety 
administration; or 

(c) Other restrictions applicable to the licensee as the department may 
determine to be appropriate to assure the safe operation of a motor vehicle 
by the licensee. 

(2) The department may either issue a special restricted driver's license 
or may set forth restrictions upon the usual driver's license form. 

(3) The department shall, upon receiving satisfactory evidence of any 
violation of the restrictions of a driver's license, suspend the driver's license 
or privileges for a period of thirty (30) days but the licensee shall be entitled 
to a hearing as provided in section 49-326, Idaho Code. 

History. 1988, ch. 265, § 51, p. 549; am. 1989, ch. 88, 

1935, ch. 88, § 20, p. 154; am. and redesig. § 29, p. 151; am. 1992, ch. 115, § 13, p. 345; 



49-319 MOTOR VEHICLES 56 

am. 2011, ch. 60, § 4, p. 124. 

STATUTORY NOTES 

Amendments. the act should take effect on and after Janu- 

The 2011 amendment, by ch. 60, in subsec- ary 30, 2012. Chapter 60 became law without 

tion (1), added the paragraphs (a) and (c) the signature of the governor, 
designations and added paragraph (b). 

Effective Dates. 

Section 8 of S.L. 2011, ch. 60 provided that 

49-319. Expiration and renewal of driver's license. — (1) Every 
noncommercial Idaho driver's license issued to a driver shall expire and be 
renewable as follows: 

(a) Twenty-one (21) years of age or older shall expire on the licensee's 
birthday in the fourth year following the issuance of the driver's license. 

(b) At the option of the applicant, for drivers twenty-one (21) years of age 
through sixty-two (62) years of age, the driver's license shall expire either 
on the licensee's birthday in the fourth year or the eighth year following 
the issuance of the driver's license. 

(c) Except for the provisions found in subsections (l)(e) and (3) of this 
section, every driver's license issued to a driver under eighteen (18) years 
of age shall expire five (5) days after the licensee's eighteenth birthday. 

(d) Except for the provisions found in subsections (l)(e) and (3) of this 
section, every driver's license issued to a driver eighteen (18) years of age 
but under twenty-one (21) years of age shall expire five (5) days after the 
licensee's twenty-first birthday 

(e) Every driver's license that is not, as provided by law, suspended, 
revoked or disqualified in this state or any other jurisdiction shall be 
renewable on or before its expiration, but not more than twenty-five (25) 
months before, upon application, payment of the required fee, and 
satisfactory completion of the required vision screening. 

(2) Except for the provisions found in subsection (3) of this section, every 
commercial driver's license issued to a person twenty-one (21) years of age 
or older shall expire on the licensee's birthday in the fourth year following 
issuance of the license, and any class A, B or C license issued to a person 
eighteen (18), nineteen (19) or twenty (20) years of age shall expire five (5) 
days after the licensee's twenty-first birthday. There shall be no option for 
an eight-year class A, B or C license. 

(3) Every driver's license issued to a person who is not a citizen or 
permanent legal resident of the United States shall have an expiration date 
that is the same date as the end of lawful stay in the United States as 
indicated on documents issued and verified by the department of homeland 
security, provided however, that the expiration date shall not extend beyond 
the expiration date for the same category of license issued to citizens. 
Persons whose department of homeland security documents do not state an 
expiration date shall be issued a driver's license with an expiration date of 
one (1) year from the date of issuance. Fees shall be in accordance with the 
expiration periods and classes listed in section 49-306(1), Idaho Code. 



57 MOTOR VEHICLE DRIVER'S LICENSES 49-319 

(4) An applicant who is issued a driver's license in another jurisdiction 
after an Idaho driver's license has been issued is not eligible for renewal or 
a duplicate of the Idaho driver's license. The applicant may apply for a new 
Idaho driver's license as provided in section 49-306, Idaho Code. 

(5) No knowledge test shall be required for renewal of a driver's license, 
except for renewal of a hazardous material endorsement. Appropriate 
knowledge and skill tests shall be required for an upgrade in a driver's 
license class or an endorsement addition. In the case of a name change, the 
applicant shall provide legal documentation to verify the change in accor- 
dance with department rules. 

(6) Applicants for a hazardous material endorsement shall provide either 
proof of United States citizenship or proof of lawful, permanent United 
States residence and a valid federal bureau of citizenship and immigration 
services alien registration number. A security background records check and 
federal transportation security administration clearance shall be required 
for issuance, renewal or transfer of a hazardous material endorsement in 
accordance with 49 CFR part 383, subject to procedures established by the 
federal transportation security administration. 

(7) When a driver's license has been expired for fewer than twenty-five 
(25) months, the renewal of the driver's license shall start from the original 
date of expiration regardless of the year in which the application for renewal 
is made. If the driver's license is expired for twenty-five (25) months or more, 
the applicant shall be required to take the appropriate knowledge test(s) 
and skills test(s) for the class of license or endorsement being applied for, 
and vision screening. The license shall expire on the licensee's birthday in 
the fourth year following issuance of the driver's license for drivers twenty- 
one (21) years of age or older, except as otherwise provided in subsections 
(l)(e) and (3) of this section. At the option of the applicant, for drivers 
twenty-one (21) years of age through sixty-two (62) years of age, the 
renewed license shall expire either on the licensee's birthday in the fourth 
year or the eighth year following issuance, except as otherwise provided in 
subsections (l)(e) and (3) of this section. 

(8)(a) If a driver's license has expired or will expire and the licensee is 
temporarily out of state, except on active military duty, and the driver's 
license has not, as provided by law, been suspended, revoked, canceled, 
denied, refused or disqualified, the licensee may request in writing on a 
form prescribed by the department an extension of the driver's license. 
The request shall be accompanied by the fee fixed in section 49-306, Idaho 
Code, and the extension shall be no more than a twelve (12) month period. 
If the department determines that an extension of the driver's license is 
necessary, it may issue a license showing the date to which the expired 
driver's license is extended. License extensions are limited to two (2) 
consecutive extensions per licensee. 

(b) Upon returning to the state of Idaho, the licensee shall, within ten (10) 
days, apply for a renewal of the expired driver's license and surrender the 
extended license and the expired driver's license. 

(c) A hazardous material endorsement cannot be extended. 

(9) An Idaho driver's license issued to any person prior to serving on 
active duty in the armed forces of the United States, or a member of the 



49-319 MOTOR VEHICLES 58 

immediate family accompanying such a person, if valid and in full force and 
effect upon entering active duty, shall remain in full force and effect and 
shall, upon application, be extended for a period of four (4) years so long as 
active duty continues, or shall be renewed upon application in person 
without the requirement to take a knowledge or skills test if their Idaho 
driver's license expired while on active duty, if the driver's license is not 
suspended, denied, disqualified, canceled or revoked, as provided by law, 
during the active duty, and the driver's license shall remain in full force and 
effect sixty (60) days following the date the holder is released from active 
duty. 

(10) The department may use a mail renewal process for four-year class 
D licenses based on criteria established by rule. 

(11) A seasonal driver's license is only valid for a one hundred eighty 
(180) day period from the date of issuance. Only one (1) seasonal driver's 
license may be obtained in any twelve (12) month period, and may only be 
obtained twice in a driver's lifetime. 

(12) A person who applies for renewal of a license may request that the 
notation "permanently disabled" be imprinted on the license and the 
department shall imprint "permanently disabled" on the license if: 

(a) The person has a permanent disability; and 

(b) The person presents written certification from a licensed physician, 
licensed physician assistant, or licensed advanced practice professional 
nurse verifying that the person's stated impairment qualifies as a perma- 
nent disability as provided in section 49-117, Idaho Code; and 

(c) The department determines that the person meets the requirements 
for issuance of a license as specified in section 49-313, Idaho Code. 

History. 1105; am. 1996, ch. 371, § 11, p. 1246; am. 

I.C., § 49-322, as added by 1977, ch. 43, 1998, ch. 110, § 22, p. 375; am. 1999, ch. 81, 

§ 2, p. 77; am. 1979, ch. 82, § 2, p. 200; am. § 12, p. 237; am. 1999, ch. 317, § 2, p. 797; 

1982, ch. 95, § 45, p. 185; am. 1983, ch. 254, am. 1999, ch. 318, § 3, p. 803; am. 2000, ch. 

§ 1, p. 673; am. 1985, ch. 172, § 5, p. 450; am. 56, § 2, p. Ill; am. 2001, ch. 332, § 4, p. 1165; 

1986, ch. 203, § 2, p. 506; am. 1986, ch. 326, am. 2004, ch. 126, § 4, p. 422; am. 2004, ch. 

§ 1, p. 801; am. and redesig. 1988, ch. 265, 297, § 3, p. 827; am. 2004, ch. 339, § 1, p. 

§ 53, p. 549; am. 1989, ch. 88, § 31, p. 151; 1012; am. 2008, ch. 63, § 3, p. 161; am. 2012, 

am. 1990, ch. 45, § 22, p. 71; am. 1992, ch. ch 32 § 2 p 96 
115, § 15, p. 345; am. 1993, ch. 300, § 6, p. 

STATUTORY NOTES 

Amendments. (21) years of age" at the beginning, substi- 
The 2012 amendment, by ch. 32, in subsec- tuted "twenty-five (25) months" for "twelve 
tion (1), inserted "Except for the provisions (12) months" in the first and second sen- 
found in subsections (l)(e) and (3) of this tences, substituted "appropriate knowledge 
section" at the beginning of paragraphs (c) test(s) and skills test(s)" for "knowledge, 
and (d); in paragraph (l)(e), deleted "Except skills" and "vision screening" for "vision tests 
licenses issued to drivers under twenty-one and the application" in the second sentence, 
(21) years of age" from the beginning, substi- inserted "The license" at the beginning of the 
tuted "twenty-five (25) months" for "twelve third sentence, substituted "subsections (l)(e) 
(12) months" near the middle, and substituted and (3)" for "subsection (3)" at the end of the 
"vision screening" for "eyesight examination" third and fourth sentences; in paragraph 
at the end; inserted "Except for the provisions (8)(a), substituted "not more" for "less" in the 
found in subsection (3) of this section" at the second sentence, substituted "license" for "cer- 
beginning of subsection (2); in subsection (7), tificate of extension" near the middle and 
deleted "Except for drivers under twenty-one deleted "and this certificate shall be attached 



59 MOTOR VEHICLE DRIVER'S LICENSES 49-321 

to the expired driver's license" at the end of extension are limited to two (2) per license" 
the third sentence, and rewrote the last sen- and, in paragraph (8Kb), substituted "ex- 
tence, which formerly read: "Certificates of tended license" for "certificate of extension." 

RESEARCH REFERENCES 

A.L.R. — Validity of state statutes, regula- stricting or denying driver's licenses to illegal 
tions, or other identification requirements re- aliens. 16 A.L.R.6th 131. 

49-321. Records to be kept by the department. — (1) The depart- 
ment shall file every application for a driver's license received by it and shall 
maintain suitable indices containing: 

(a) All applications denied and on each note the reason for denial; 

(b) All applications granted; 

(c) The name of every licensee whose driver's license has been suspended, 
revoked, canceled, denied or disqualified by the department and after 
each name note the reasons for the action; 

(d) The driver's license number for the applicant; and 

(e) The social security number of the applicant. 

(2) The department shall file the original or copy of the medical examin- 
er's certificates, medical exemption letters and skill performance evaluation 
certificates of all commercial driver's license or instruction permit holders 
required to provide documentation of their physical qualification. The 
department shall maintain the document(s) for a period of three (3) years 
beyond the date the certificate or document was issued. 

(3) The department shall also file all accident reports and abstracts of 
court records of convictions received by it under the law from any jurisdic- 
tion and is authorized to forward records of convictions, suspensions or 
disqualifications to any jurisdiction. Records may be in either paper or 
electronic form. The department shall maintain convenient records or make 
suitable notations in order that an individual record of each licensee 
showing the convictions and the traffic accidents in which the licensee has 
been involved shall be readily ascertainable and available for consideration 
of the department upon any application for renewal of a driver's license and 
at other suitable times. 

(4) The department of health and welfare, on or about the 25th day of 
each month shall, upon the request of the department, furnish the depart- 
ment a listing showing the name, age, county of residence, and residence 
address of each Idaho resident who has died during the preceding month. 
The listing shall be used only for purposes of updating the driver's license 
files of the department and shall be subject to disclosure according to 
chapter 3, title 9, Idaho Code. 

History. am. 1990, ch. 45, § 23, p. 71; am. 1990, ch. 

1935, ch. 88, § 24, p. 154; am. 1937, ch. 160, 213, § 69, p. 480; am. 1998, ch. 110, § 24, p. 

§ 1, p. 258; am. 1939, ch. 225, § 3, p. 498; am. 375; am. 2000, ch. 52, § 2, p. 100; am. 2006, 

1974, ch. 95, § 1, p. 1194; am. 1982, ch. 95, ch. 164, § 6, p. 489; am. 2011, ch. 60, § 5, p. 

§ 46, p. 185; am. and redesig. 1988, ch. 265, 124. 
§ 55, p. 549; am. 1989, ch. 88, § 33, p. 151; 



49-322 MOTOR VEHICLES 60 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2011 amendment, by ch. 60, added Section 8 of S.L. 2011, ch. 60 provided that 

subsection (2) and redesignated former sub- the act should take effect on and after Janu- 

sections (2) and (3) as present subsections (3) ary 30, 2012. Chapter 60 became law without 

and (4). the signature of the governor. 

49-322. Authority of department to cancel driver's license or 
instruction permit. — (1) The department shall cancel any driver's 
license, restricted school attendance driving permit, or instruction permit 
upon determining that the licensee or permittee was not entitled to the 
issuance of the driver's license or instruction permit, or that the licensee or 
permittee failed to give the required or correct information in his applica- 
tion, or committed fraud in making the application. 

(2) Upon a cancellation, the licensee or permittee shall surrender the 
canceled driver's license or canceled instruction permit to the department. 

(3) The department shall cancel a person's commercial driver's license 
upon determining that the class A, B or C licensee has falsified information. 
Upon cancellation of a class A, B or C driver's license, the licensee shall be 
disqualified from operating a commercial motor vehicle for a period of sixty 
(60) days. 

(4) The department shall decertify the medical status and initiate a 
downgrade of any driver who is required by the federal motor carrier safety 
administration to maintain a medical examiner's certificate and/or medical 
exemption letter or skill performance evaluation certificate upon determin- 
ing the person's medical certification has expired or has been revoked or 
canceled. The department shall change the person's driving status in the 
driver record to "not-certified," within ten (10) days and shall mail a 
notification letter regarding the pending decertification and downgrade 
action to the driver's last known address. The downgrade action shall occur 
no more than sixty (60) days from the date the "not-certified" status is posted 
to the record. Drivers can remove the "not-certified" medical status from 
their driving record by presenting a current and valid medical examiner's 
certificate and/or medical exemption letter or skill performance evaluation 
certificate to the department or by submitting an application to the 
department requesting their medical status be changed to "Excepted." 

(5) When a driver's license has been canceled for reasons of impairment, 
incompetence or inability of the licensed driver to operate a motor vehicle 
safely as provided in section 49-303 or 49-326, Idaho Code, and the licensee 
has voluntarily surrendered his driver's license, or when a licensed driver 
requests cancellation of his license for any of the same reasons stated in this 
subsection and he voluntarily surrenders his license, the licensee may be 
eligible for a no-fee identification card as provided in section 49-2444, Idaho 
Code. 

History. am. 1999, ch. 79, § 1, p. 225; am. 2000, ch. 

1935, ch. 88, § 25, p. 154; am. and redesig. 214, § 11, p. 583; am. 2002, ch. 235, § 8, p. 

1988, ch. 265, § 56, p. 549; am. 1989, ch. 88, 696; am. 2011, ch. 60, § 6, p. 124. 
§ 34, p. 151; am. 1992, ch. 115, § 16, p. 345; 



61 MOTOR VEHICLE DRIVER'S LICENSES 49-326 

STATUTORY NOTES 

Amendments. the act should take effect on and after Janu- 

The 2011 amendment, by ch. 60, added ary 30, 2012. Chapter 60 became law without 

subsection (4) and redesignated former sub- the signature of the governor, 
section (4) as subsection (5). 

Effective Dates. 

Section 8 of S.L. 2011, ch. 60 provided that 

49-326. Authority of department to suspend, disqualify or revoke 
driver's license and privileges. — (1) If the court has not ordered the 
suspension of a license or privileges, the department is authorized to 
suspend, disqualify or revoke the license or privileges of a driver without 
preliminary hearing upon a showing by its records or other sufficient 
evidence that the driver: 

(a) Has committed an offense for which mandatory revocation, suspen- 
sion or disqualification of license or privileges is required upon conviction, 
court order or administrative action; 

(b) Has been convicted in any court in this state of an offense against a 
municipal ordinance which would have been grounds for suspension, 
revocation or disqualification of his driver's license or privileges had the 
charge been prosecuted under a state law; 

(c) Is incompetent to drive a motor vehicle; 

1. Any person who in the opinion of the department, based upon 
recommendation of the person's personal physician, is afflicted with or 
subject to any condition which brings about momentary or prolonged 
lapses of consciousness or control, which is or may become chronic, or 
when the person is suffering from a physical or mental disability or 
disease serving to prevent him from exercising reasonable and ordinary 
control over a motor vehicle while operating it upon the streets and 
highways, or any person who is unable to understand highway signs, 
warning, regulating or directing traffic, is incompetent to drive a motor 
vehicle. 

2. Any person who shall not have minimum visual acuity with or 
without corrective lenses of 20/40 in at least one (1) eye as determined 
by the Snellen system or other available systems is incompetent to 
operate a motor vehicle, however, the department shall have the 
authority to license such person upon the recommendation of an 
ophthalmologist or qualified physician and upon passage of a skills test. 
At 20/70 or more in both eyes with or without corrective lenses the 
department may suspend the driver's license and privileges. Any person 
who applies for or receives any type of tax, welfare or other benefits or 
exemptions for the blind shall be conclusively presumed incompetent to 
operate a motor vehicle. 

3. Any person, department, or political subdivision of the state of Idaho 
who receives an application for any type of tax, welfare, aid or other 
benefits or exemptions for the blind shall immediately forward the 
name, address, sex, date of birth, and date of application of the 
applicant to the department. 



49-326 MOTOR VEHICLES 62 

4. Any physician who has reason to believe that a patient is incompe- 
tent to drive a motor vehicle as denned in this subsection, may submit 
a report to the department. Before submitting a report, a physician 
should notify the patient or the patient's family of the physician's 
concerns about the patient's ability to drive. If the physician submits a 
report, the physician shall provide a copy of the report to the patient or 
to a member of the patient's family. If a physician submits a report in 
good faith, no professional disciplinary procedure, no monetary liability 
and no cause of action may arise against the physician for submission 
of the report; 

(d) Has permitted an unlawful or fraudulent use of a driver's license; 

(e) Has committed an offense in another state or jurisdiction as evidenced 
by a conviction, court order or administrative action, which if committed 
in Idaho would be grounds for suspension, disqualification or revocation; 

(f) Has been convicted of the offense of reckless driving, or fleeing or 
attempting to elude a peace officer, and providing that the operating 
privilege shall be suspended for a period of thirty (30) days upon 
conviction and providing further, that if a second conviction occurs within 
a two (2) year period of time from the time of the first conviction, the 
suspension shall be for ninety (90) days, and if a third conviction shall 
occur within a three (3) year period of time from the time of the first 
conviction, the period of suspension shall be for one (1) year; 

(g) Has failed to satisfy a judgment as set forth in chapter 12, title 49, 
Idaho Code; 

(h) Has failed to maintain proof of financial responsibility as set forth in 

chapter 12, title 49, Idaho Code; 

(i) Has a driving record which shows a violation point count of twelve (12) 

or more points in any consecutive twelve (12) month period; 

(j) Is an habitual violator of traffic laws; 

(k) Has been convicted of the offense of violation of a restricted license 

and providing the driver's license and privileges be suspended for a period 

of thirty (30) days; 

(/) Has been convicted for the offense of leaving the scene of an accident 

involving damages to a vehicle, the period of revocation shall be one (1) 

year; 

(m) Has been convicted for the offense of leaving the scene of an accident 

resulting in injury or death, the period of revocation shall be one (1) year; 

(n) Is under the age of eighteen (18) years and is not satisfactorily 

enrolled in school, has not received a waiver pursuant to or has not 

completed school as provided in section 49-303A, Idaho Code; 

(o) Was cited under the age of seventeen (17) years and subsequently 

received a conviction involving a moving traffic violation arising out of the 

operation of a motor vehicle, and providing the driver shall be sent a 

written warning from the Idaho transportation department for a first 

conviction; the driver's license shall be suspended for a period of thirty 

(30) days for a second conviction; and the driver's license shall be 

suspended for a period of sixty (60) days for a third or subsequent 

conviction; and providing further that no restricted driving privileges 

shall be issued during any period of suspension hereunder. 



63 MOTOR VEHICLE DRIVER'S LICENSES 49-326 

(2) A violation point is assessed for conviction of any charge or with proof 
of any infraction involving a moving traffic violation. A value of one (1) point 
shall be given for a less serious violation and up to four (4) points for a more 
serious violation. Conviction or proof of infraction for only one (1) violation 
arising from one (1) occasion of arrest or citation shall be counted in 
determining the violation point count. 

(3) The department is authorized and directed to establish a violation 
point count system for various moving traffic violations and infractions 
occurring either within or without the state of Idaho, affecting all holders of 
driver's licenses issued by the department. 

(4) Notification of suspension, revocation, cancellation or disqualification. 
Upon suspending, revoking, canceling or disqualifying the driver's license or 
driving privileges of any person, the department shall immediately notify 
the applicant or licensee in writing, at the licensee's address on file with the 
department pursuant to section 49-320, Idaho Code. Upon his request the 
department shall afford him an opportunity for a hearing before a hearing 
officer appointed by the director. The hearing may be held by telephone 
within twenty (20) days after receipt of the request, unless this period is for 
good cause shown, extended by the hearing officer for one ten-day period. 
The notice and hearing shall be required prior to the imposition of 
additional suspension or disqualification periods beyond the periods as set 
forth in this section. Upon a hearing the hearing officer may administer 
oaths, may issue subpoenas for the attendance of witnesses and the 
production of relevant books and papers, and may require a reexamination 
of the licensee. Upon the hearing the department shall either rescind its 
order or, with good cause, may affirm or extend the suspension or disqual- 
ification of the driver's license or revoke the driver's license. 

Whenever a driver's license, permit or driving privilege has been sus- 
pended or revoked by the department as provided in this section, other than 
as set forth in subsection (l)(c), (d), (g), (h), (m), (n) or (o) of this section, the 
department may issue a temporary restricted permit restricting the time, 
area and purpose of use. The application, eligibility requirements and form 
of the temporary restricted permit shall be provided by administrative rule. 
A temporary restricted permit may be issued to grant noncommercial 
driving privileges, but no temporary restricted permit shall be issued which 
grants driving privileges to operate a commercial motor vehicle. 

(5) The department shall not suspend or revoke a driver's license or 
privileges for a period of more than one (1) year, unless otherwise provided 
by law. The provisions of this subsection shall not be applicable with respect 
to the issuance of temporary restricted permits as provided in section 
49-325, Idaho Code, nor shall it be applicable to those suspensions placed on 
an individual's record for the purpose of administering suspensions ordered 
to take effect after an individual's release from confinement or imprison- 
ment pursuant to chapter 80, title 18, Idaho Code. 

(6) The department shall not disqualify a driver for a period longer than 
specified by 49 CFR part 383. 



49-328 



MOTOR VEHICLES 



64 



History. 

1935, ch. 88, §§ 30, 31, p. 154; am. 1955, ch 
163, § 2, p. 323; am. 1959, ch. 236, § 1, p 
505; am. 1961, ch. 190, § 1, p. 283; am. 1963 
ch. 362, § 2, p. 1032; am. 1965, ch. 97, § 1, p 
180; am. 1967, ch. 353, § 1, p. 996; am. 1967 
ch. 378, § 1, p. 1113; am. 1969, ch. 458, § 3, p 
1269; am. 1974, ch. 27, § 112, p. 811; am 
1976, ch. 53, § 1, p. 187; am. 1981, ch. 223 
§ 19, p. 415; am. 1982, ch. 95, § 49, p. 185 
am. 1982, ch. 353, § 13, p. 864; am. 1983 (Ex. 
Sess.), ch. 3, § 4, p. 8; am. 1984, ch. 22, § 4, p 



25; am. 1986, ch. 208, § 1, p. 531; am. and 
redesig. 1988, ch. 265, § 60, p. 549; am. 1989 
ch. 88, § 38, p. 151; am. 1990, ch. 45, § 26, p 
71; am. 1992, ch. 115, § 18, p. 345; am. 1994 
ch. 357, § 2, p. 1117; am. 1996, ch. 348, § 3, p 
1159; am. 1996, ch. 371, § 13, p. 1246; am 
1997, ch. 238, § 4, p. 689; am. 1998, ch. 110 
§ 26, p. 375; am. 1998, ch. 152, § 2, p. 523 
am. 1999, ch. 81, § 13, p. 237; am. 2000, ch 
214, § 12, p. 583; am. 2004, ch. 126, § 6, p 
422; am. 2005, ch. 352, § 8, p. 1085; am. 2011 
ch. 124, § 1, p. 348. 



STATUTORY NOTES 



Amendments. 

The 2011 amendment, by ch. 124, added 
paragraph (l)(c)4. 



JUDICIAL DECISIONS 



Suspension of CDL. 

When defendant, who held a CDL but was 
not operating a commercial vehicle when 
stopped, failed to file a timely request for an 
administrative hearing on the suspension of 
his license under § 18-8002A, he waived his 
right to challenge the suspension of his driv- 



er's license; however, he was still entitled to a 
separate administrative hearing relating to 
the suspension of his CDL under subsection 
(4) of this section. Wanner v. DOT (In re 
License Suspension of Wanner), 150 Idaho 
164, 244 P.3d 1250 (2011). 



49-328. Reinstatement of revoked, disqualified or suspended 
driver's license — Fee — When reinstatement prohibited. — 

(1) When the period of revocation, disqualification or suspension of a 
driver's license has expired, or the reason for the revocation, disqualification 
or suspension no longer exists, the department shall reinstate the driver's 
license or driving privileges on application of the driver. 

(2) The application shall be in the form prescribed by the department and 
accompanied by a reinstatement fee of twenty-five dollars ($25.00) which 
shall be deposited in the state highway account. 

(3) A driver's license which has been suspended under section 49-1505, 
Idaho Code, for failure to pay an infraction penalty shall not be reinstated 
until the licensee provides proof that the infraction penalty has been paid to 
the court. 

(4) In addition to any other fees required in this section to be collected, 
the department shall collect sixty dollars ($60.00) for reinstating a driver's 
license after conviction for driving under the influence, without privileges, 
and after conviction or other violation of any other traffic related misde- 
meanor or infraction, of which fees forty dollars ($40.00) shall be paid over 
to the county treasurer of the county in which the conviction occurred for 
support of that county's justice fund, or the current expense fund if no 
county justice fund has been established, and the twenty dollars ($20.00) 
shall be deposited in the state highway account. 

(5) In addition to any other fees required in this section to be collected, 
the department shall collect two hundred dollars ($200) for reinstating a 
driver's license after a suspension imposed under the provisions of section 



65 MOTOR VEHICLE DRIVER'S LICENSES 49-335 

18-8002 or section 18-8002A, Idaho Code, or after a revocation, disqualifi- 
cation or suspension arising out of any alcohol or drug related offense, other 
than a suspension imposed upon a person under eighteen (18) years of age 
pursuant to section 18- 1502(d), Idaho Code. Funds collected pursuant to this 
subsection shall be deposited in the state highway account. 

(6) When there is more than one (1) reason why a driver's license was 
revoked or suspended or why a driver was disqualified, the department shall 
not collect multiple fees for reinstatement, but shall only collect one (1) 
reinstatement fee, which shall be the greater reinstatement fee, provided 
however, the department shall collect a reinstatement fee for each revoca- 
tion, disqualification or suspension under chapter 80, title 18, Idaho Code. 

History. § 2, p. 1198; am. 1992, ch. 115, § 20, p. 345; 

I.C., § 49-331A, as added by 1983, ch. 25, am. 1993, ch. 413, § 3, p. 1515; am. 1994, ch. 

§ 5, p. 66; am. 1984, ch. 195, § 24, p. 445; am. 357, § 3, p. 1117; am. 1997, ch. 227, § 2, p. 

1986, ch. 203, § 3, p. 506; am. and redesig. 689; am. 1997, ch. 238, § 5, p. 664; am. 1999, 

1988, ch. 265, § 62, p. 549; am. 1989, ch. 88, ch. 81, § 14, p. 237; am. 2008, ch. 18, § 4, p. 

§ 40, p. 151; am. 1990, ch. 45, § 27, p. 71; am. 27; am. 2009, ch. 331, § 4, p. 947. 
1990, ch. 216, § 3, p. 579; am. 1990, ch. 432, 

STATUTORY NOTES 

Amendments. of Motor Vehicles is operating under as of 

The 2009 amendment, by ch. 331, increased June 30, 2009. 
the fees throughout the section; and in sub- "(b) Second, any moneys remaining after 
section (5), deleted the former last sentence, the expenditures relating to subsection (a) of 
which read: "The department shall reevaluate this section > should be expended on improve- 
the amount of the reinstatement fee herein m ^ nts to the Division of Motor Vehicle s tech- 
imposed not later than February, 2000, to no ogy operations and improvements 
, z ' ax. £c • c i-u r (c) Third, any moneys remaining after the 
determine the sufficiency of the fee to meet ,., < .. J . , T* n A 
^ . , , ... '- . , , . expenditures relating to subsections (a) and 
the costs associated with the implementation (fe) of ^ ^ should be Qn d 

of section 18-8002A, Idaho Code. ment technology operations and improve- 

ments including, but not limited to: pave- 

Legislative Intent. ment, maintenance, scheduling and financial 

Section 1 of S.L. 2009, ch. 331 provided: electronic management systems. 

"Legislative Intent. It is the intent of the "(d) The department should review approx- 

Legislature that the moneys raised through imately every five (5) years the fees provided 

the increase in fees authorized by the provi- for in this act and recommend appropriate 

sions of this act be expended in the following changes to such fees in the Legislature." 

order on and for the following: Effective Dates. 

"(a) First, moneys raised from the increase Section 9 of S.L. 2009, ch. 331 provided that 

in fees should be expended to address any the act should take effect on and after Janu- 

revenue deficit or shortfall that the Division ary 1, 2010. 

49-330. Right of appeal to court. 

JUDICIAL DECISIONS 

Cited in: Archer v. Dep't of Transp. (In re Suspension of McDaniel), 149 Idaho 643, 239 

Archer), 145 Idaho 617, 181 P.3d 543 (Ct. App. P.3d 36 (Ct. App. 2010); Burton v. State, 149 

2008); Wheeler v. Idaho Transp. Dep't, 148 Idaho 746, 240 P.3d 933 (Ct. App. 2010); 

Idaho 378, 223 P.3d 761 (Ct. App. 2009); Wilkinson v. State, 151 Idaho 784, 264 P.3d 

McDaniel v. State (In re Driver's License 680 (Ct. App. 2011). 

49-335. Disqualifications and penalties — Commercial driver's 
license. — (1) Any person who operates a commercial motor vehicle or who 



49-335 MOTOR VEHICLES 66 

holds a class A, B or C driver's license is disqualified from operating a 
commercial motor vehicle for a period of not less than one (1) year if 
convicted in the form of a judgment or withheld judgment of a first violation 
under any state or federal law of: 

(a) Operating a motor vehicle while under the influence of alcohol or a 
controlled substance; 

(b) Operating a commercial motor vehicle while the alcohol concentration 
of the person's blood, breath or bodily substance is 0.04 or more; 

(c) Leaving the scene of an accident involving a motor vehicle driven by 
the person; 

(d) Using a motor vehicle in the commission of any felony; 

(e) Operating a commercial motor vehicle when the person's class A, B or 
C commercial driver's license driving privileges were revoked, suspended 
or canceled, or during a time when such person was disqualified from 
operating a commercial motor vehicle, if the reason for such revocation, 
suspension, cancellation or disqualification was the result of a violation 
that occurred while the person was operating a commercial motor vehicle; 

(f) Causing a fatality through negligent operation of a commercial motor 
vehicle, including, but not limited to, the crimes of motor vehicle man- 
slaughter, homicide by motor vehicle and negligent homicide. 

(2) Any person who operates a commercial motor vehicle or who holds a 
class A, B or C driver's license is disqualified from operating a commercial 
motor vehicle for a period of not less than one (1) year if the person refuses 
to submit to or submits to and fails a test to determine the driver's alcohol, 
drug or other intoxicating substances concentration while operating a motor 
vehicle. 

(3) If any of the offenses specified in subsection (1) or (2) of this section 
occurred while transporting a hazardous material required to be placarded, 
the person is disqualified for a period of not less than three (3) years. 

(4) A person is disqualified for the period of time specified in 49 CFR part 
383 if found to have committed two (2) or more of any of the offenses 
specified in subsection (1) or (2) of this section, or any combination of those 
offenses, arising from two (2) or more separate incidents. 

(5) A person is disqualified for the period of time specified in 49 CFR part 
383 from operating a commercial motor vehicle who uses a motor vehicle in 
the commission of any felony involving the manufacture, distribution, or 
dispensing of a controlled substance, or possession of a controlled substance 
with the intent to manufacture, distribute or dispense such controlled 
substance. 

(6) A person is disqualified from operating a commercial motor vehicle for 
a period of not less than sixty (60) days if convicted of two (2) serious traffic 
violations, or one hundred twenty (120) days if convicted of three (3) or more 
serious traffic violations, committed in a commercial motor vehicle arising 
from separate incidents occurring within a three (3) year period. A convic- 
tion for reckless driving shall be considered a serious traffic violation if 
committed while operating a commercial motor vehicle or a noncommercial 
motor vehicle, as specified in 49 CFR part 383. 

(7) A person who drives, operates, or is in physical control of a commercial 
motor vehicle within this state while having any detectable amount of 



67 MOTOR VEHICLE DRIVER'S LICENSES 49-335 

alcohol in his system or who refuses to submit to an alcohol test must be 
placed out of service for twenty-four (24) hours and be subject to the 
provisions of section 18-8002, Idaho Code. 

(8) It is unlawful to violate an out-of-service order. A person who is 
convicted in the form of a judgment or withheld judgment of a violation of an 
out-of-service order while driving a commercial motor vehicle is disqualified 
for not less than: 

(a) One hundred eighty (180) days nor more than one (1) year for a first 
conviction; 

(b) Two (2) years nor more than five (5) years for a second conviction 
arising from separate incidents during any ten (10) year period; 

(c) Three (3) years nor more than five (5) years for three (3) or more 
convictions arising from separate incidents during any ten (10) year 
period. 

(9) A person who is convicted in the form of a judgment or withheld 
judgment of a violation of an out-of-service order while driving a commercial 
motor vehicle and while transporting hazardous materials required to be 
placarded under the hazardous materials transportation act, or while 
operating motor vehicles designed to transport sixteen (16) or more people 
including the driver, is disqualified for not less than: 

(a) One hundred eighty (180) days nor more than two (2) years for a first 
conviction; 

(b) Three (3) years nor more than five (5) years for subsequent convictions 
arising from separate incidents in any ten (10) year period. 

(10) A person is disqualified from operating a commercial motor vehicle if 
convicted of a railroad grade crossing violation as specified in 49 CFR part 
383 or applicable state laws while operating a commercial motor vehicle. 
The disqualification shall be for a period of: 

(a) Sixty (60) days for a first conviction; 

(b) One hundred twenty (120) days for a second conviction during any 
three (3) year period; 

(c) One (1) year for a third or subsequent conviction during any three (3) 
year period. 

(11) A person is disqualified from operating a commercial motor vehicle if 
the federal motor carrier administration has determined the person's 
driving constitutes an imminent hazard, as defined in 49 CFR 383.5. 

(a) An imminent hazard disqualification may not exceed one (1) year in 
duration. The driver, or a representative on his or her behalf, may file an 
appeal of the disqualification with the assistant administrator, adjudica- 
tions counsel, federal motor carrier safety administration. 

(b) Any imminent hazard disqualification transmitted by the federal 
motor carrier safety administration shall become a part of the driver's 
record. 

(c) The imminent hazard disqualification shall run concurrent to any 
other existing disqualification. 

(12) In addition to the disqualification periods in subsections (8) and (9) 
of this section, a driver who is convicted of violating an out-of-service order 
shall be subject to a civil penalty of not less than two thousand five hundred 



49-337 MOTOR VEHICLES 68 

dollars ($2,500) for the first conviction and not less than five thousand 
dollars ($5,000) for any subsequent conviction. 

History. am. 1999, ch. 81, § 15, p. 237; am. 2002, ch. 

I.C., § 49-335, as added by 1989, ch. 88, 181, § 1, p. 527; am. 2005, ch. 352, § 9, p. 

§ 45, p. 151; am. 1990, ch. 45, § 30, p. 71; am. 1085; am. 2006, ch. 164, § 8, p. 489; am. 2007, 

1993, ch. 300, § 7, p. 1105; am. 1996, ch. 371, ch. 100, § 1, p. 303; am. 2009, ch. 155, § 1, p. 

§ 14, p. 1246; am. 1998, ch. 110, § 27, p. 375; 453; am. 2010, ch. 49, § 3, p. 89. 

STATUTORY NOTES 

Amendments. through the negligent operation of a commer- 

The 2009 amendment, by ch. 155, added cial vehicle, including, but not limited to, 

subsections (l)(e) and (l)(f); in the introduc- manslaughter, homicide by motor vehicle, or 

tory paragraph in subsection (8), deleted "for negligent homicide by motor vehicle, respec- 

a holder of a class A, B or C license" following tively; and redesignated former subsection 

"unlawful"; in subsections (8)(a) and (8Kb), (13) as subsection (11), and therein substi- 

substituted "One hundred eighty (180) days" tuted the language beginning "not less than 

for Ninety (90) days and Two (2) years for twQ thousand five hundred dollars" for "not 

One (1) year respectively; deleted subsec- lesg than one thousand one hundred dollars 

tions (11) and (12), which related to additional ,<♦,., inn x ,, ,, , 

disqualification circumstances under 49 CFR G 1 '* 00 * ^ ™ n e th f" ^° * ura8,md Seven 

part 383-conviction of operating a commercial hundred fif ^ dollars ($2 ' 750) ' 

motor vehicle during a time when a person's The 2010 amendment, by ch. 49, added 

class A, B or C driving privileges were re- Present subsection (11) and redesignated for- 

voked, and conviction of causing a fatality mer subsection (11) as subsection (12). 

JUDICIAL DECISIONS 

Double Jeopardy. the date the driver's CDL disqualification was 

One-year commercial driver's license (CDL) to begin, and estoppel was not an appropriate 

disqualification was civil in nature and did remedy against the Idaho department of 

not rise to the level of a criminal punishment transportation in this case. Buell v. Idaho 

for double jeopardy purposes; the driver was DOT (In re Driver's License Suspension of 

not denied due process because the CDL dis- Buell), 151 Idaho 257, 254 P.3d 1253 (Ct. App. 

qualification statute was not ambiguous as to 2011). 

49-337. Employee and employer responsibilities. — (1) Any oper- 
ator of a commercial motor vehicle or any person who holds a class A, B or 
C driver's license issued by this state, and who is convicted of violating any 
state law or local ordinance in any other state relating to motor vehicle 
traffic control, other than parking violations, such person shall notify the 
department of the conviction in the manner specified by the department 
within thirty (30) days of the date of conviction. 

(2) Any operator of a commercial motor vehicle or any person who holds 
a class A, B or C driver's license issued by this state, and who is convicted 
of violating any state law or local ordinance relating to motor vehicle traffic 
control in this or any other state, other than parking violations, such person 
shall notify his employer in writing of the conviction within thirty (30) days 
of the date of conviction. 

(3) Each employee whose class A, B or C driver's license is suspended, 
revoked, denied, refused or canceled by this state or who loses the privilege 
to operate a commercial motor vehicle in any state for any period, or who is 
disqualified from operating a commercial motor vehicle for any period, shall 
notify his employer of that fact before the end of the business day following 
the day the employee received notice of that fact. 



69 MOTOR VEHICLE REGISTRATION 49-337 

(4) Each person who applies for employment as an operator of a commer- 
cial motor vehicle with an employer shall provide notification to the 
employer, at the time of application, of his previous employment as an 
operator of a commercial motor vehicle. The period of previous employment 
of which notification must be given shall be the ten (10) year period ending 
on the date of application for employment. 

(5) No employer shall knowingly allow, permit, require or authorize an 
employee to operate a commercial motor vehicle in the United States during 
any period: 

(a) In which the employee has a driver's license suspended, revoked or 
canceled by a state, has lost the privilege to operate a commercial motor 
vehicle in a state or has been disqualified from operating a commercial 
motor vehicle; or 

(b) In which the employee has more than one (1) driver's license; or 

(c) In which the employee, or the motor vehicle being driven, or the motor 
carrier operation, is subject to an out-of-service order. 

(6) An employer who is convicted of a violation of subsection (5)(c) of this 
section shall be subject to a civil penalty of not less than two thousand seven 
hundred fifty dollars ($2,750) nor more than twenty-five thousand dollars 
($25,000). 

(7) No employer shall knowingly allow, permit, require or authorize an 
employee to operate a commercial motor vehicle in the United States in 
violation of any federal, state or local law or federal regulation pertaining to 
railroad grade crossings. An employer who is convicted of a violation of this 
subsection (7) shall, in addition to the general penalties provided for in this 
title, be subject to a civil penalty of not more than ten thousand dollars 
($10,000). 

(8) Each employer shall require the information specified in subsection 
(4) of this section to be provided by the employee. 

History. am. 1999, ch. 81, § 16, p. 237; am. 2002, ch. 

I.C., § 49-337, as added by 1989, ch. 88, 181, § 2, p. 527; am. 2006, ch. 164, § 9, p. 
§ 45, p. 151; am. 1996, ch. 371, § 15, p. 1246; 489; am. 2009, ch. 155, § 2, p. 453. 

STATUTORY NOTES 

Amendments. motor vehicle holding"; and, in subsection (6), 

The 2009 amendment, by ch. 155, in sub- substituted "twenty-five thousand dollars 

sections (1) and (2), substituted "Any operator ($25,000)" for "eleven thousand dollars 

of a commercial motor vehicle or any person ($11,000)." 
who holds" for "Any operator of a commercial 

CHAPTER 4 
MOTOR VEHICLE REGISTRATION 

SECTION. SECTION. 

49-40 IB. Application for registration — Re- 49-402. Annual registration. 

ceiptforfee — Record of appli- 49-402D. Special license plate 

cants. prequalification process. 



49-40 IB MOTOR VEHICLES 70 

SECTION. SECTION. 

49-403B. Gold star — License plates. 49-420K. Idaho aviation foundation plates. 

49-411. Dealer and manufacturer plate — 49-420L. Idaho territory sesquicentennial 

Fees. plates. 

49-415G. Idaho north America plate — Spe- 49.426. Exemptions from operating fees. 

cud permanent or business 49 . 428 Display of plate and stickers. 

49-416C. Innovation plates. 49 ' 432 - Tem P orai J registration for residents 
49-417B. Idaho agriculture plates. ^ and presidents - Fees. 

49-418. Veterans plates. 49 " 434 - Operating fees. 

49-419E. Idaho mountain biking plates. 49-451. Vehicle license cost recovery fee — 
49-420H. Idaho freemason plates. Limitations. 

49-4201. Earth sciences and lapidary plates. 49-454. Project choice fee. 

49-420J. Selway-Bitterroot wilderness 49-456. Violations of registration provisions. 

plates. 

49-40 IB. Application for registration — Receipt for fee — Record 
of applicants. — (1) Application for the registration of a vehicle required 
to be registered under the provisions of section 49-401A, Idaho Code, shall 
be made to the assessor or the department as specified in that section, by the 
owner upon the appropriate form. Every application shall contain the 
owner's Idaho driver's license number, Idaho identification card number, or 
social security number. In the case of a business, the employer tax 
identification number is required. Every application shall also contain the 
owner's true and full legal name. In the event that the owner does not 
possess a social security number, Idaho driver's license number, or Idaho 
identification card number, the owner shall present written documentation 
sufficient to the department to determine that no social security number has 
been issued. In the event that a business, trust or other statutorily created 
entity is not required to have and does not possess an employer tax 
identification number, the applicant shall provide a written statement 
certifying that the entity does not possess an employer tax identification 
number. Such application must be signed by the owner and contain his 
residence address and a brief description of the vehicle to be registered, 
including the name of the maker, the type of fuel used, and the identification 
number. If an applicant has submitted an application pursuant to the 
provisions of chapter 58, title 19, Idaho Code, then the applicant may state, 
in the application required pursuant to this section, the applicant's alter- 
native Idaho mailing address in place of his or her residence address. Upon 
registration of a new vehicle, the application shall also show the date of sale 
by the manufacturer or dealer to the person first operating such vehicle. The 
application shall contain any other information as may be required by the 
department and shall contain a provision that allows an owner to choose to 
participate in the Idaho state parks passport program. The assessor shall 
issue to the applicant a receipt for any fee paid. Social security numbers 
collected shall not appear on certificates of registration, and all applications 
on file shall be exempt from disclosure, except as provided in sections 
49-202, 49-203 and 49-203A, Idaho Code. 

(2) The assessor shall record on a form prescribed and furnished by the 
department, the names of all owners of vehicles residing in the county who 
make application for registration, together with the amounts of the fees paid 
by such owners. 



71 MOTOR VEHICLE REGISTRATION 49-402 

(3) When application for registration is made by any motor carrier, the 
assessor or the department shall require each such applicant to execute a 
certification of safety compliance. 

(4) Vehicles registered under the proportional registration provisions of 
section 49-435, Idaho Code, shall be registered by the department. 

(5) Every owner of a vehicle registered by a county assessor shall give his 
physical domicile residence address or the business' physical principal 
address to the assessor so that the proper county can be entered upon the 
registration. Failure to do so shall be unlawful. The department shall then 
attribute the registration, and all fees to be apportioned to the highway 
distribution account, to the county of residence regardless of the county in 
which the registration occurred. Fees imposed under the provisions of 
sections 40-827 and 40-1416, Idaho Code, shall be separately identified and 
accounted for, and paid to the highway district for which collected. Fees 
collected in addition to vehicle registration fees for the Idaho state parks 
passport program, as provided in section 49-402(11), Idaho Code, shall be 
separately identified and accounted for and paid to the state treasurer on a 
monthly basis to be deposited in the park and recreation fund as specified in 
section 49-402(11), Idaho Code. For the purposes of vehicle registration, a 
person is an actual and permanent resident of the county in which he has 
his principal residence or domicile. A principal residence or domicile shall 
not be a person's workplace, vacation, or part-time residence. 

(6) A violation of the provisions of this section shall be an infraction. 

History. § 1, p. 424; am. 2010, ch. 225, § 5, p. 501; am. 

I.C., § 49-401B, as added by 1992, ch. 35, 2010, ch. 258, § 1, p. 658; am. 2012, ch. 41, 

§ 9, p. 99; am. 1998, ch. 392, § 7, p. 1197; am. § 1, p. 127. 
1999, ch. 383, § 7, p. 1051; am. 2009, ch. 141, 

STATUTORY NOTES 

Amendments. The 2012 amendment, by ch. 41, inserted 

The 2009 amendment, by ch. 141, in sub- "and shall contain a provision that allows an 

section (1), rewrote the second sentence, and owner to choose to participate in the Idaho 

added the third, fourth, and last sentences; state parks passport program" at the end of 

and, in subsection (5), substituted "shall give the tenth sentence of subsection (1) and added 

his physical domicile residence address or the the fifth sentence in subsection (5). 

business' physical principal address to the 

assessor" for "shall give his principal resi- Effective Dates. 

dence or domicile address to the assessor." Section 8 of S.L. 2010, ch. 225 provided that 

The 2010 amendment, by ch. 225, added the the act should take effect on and after Janu- 

seventh sentence in subsection (1). ary 1, 2011. 

The 2010 amendment, by ch. 258, added the Section 3 of S.L. 2010, ch. 258 declared an 

sixth sentence in subsection (1). emergency. Approved April 8, 2010. 

JUDICIAL DECISIONS 

Cited in: Bradbury v. Idaho Judicial Coun- 
cil, 149 Idaho 107, 233 P.3d 38 (2009). 

49-402. Annual registration. — (1) The annual fee for operating each 
pickup truck, each neighborhood electric vehicle and each other motor 
vehicle having a maximum gross weight not in excess of eight thousand 



49-402 MOTOR VEHICLES 72 

(8,000) pounds and that complies with the federal motor vehicle safety 
standards as defined in section 49-107, Idaho Code, shall be: 

Vehicles one (1) and two (2) years old $48.00 

Vehicles three (3) and four (4) years old $36.00 

Vehicles five (5) and six (6) years old $36.00 

Vehicles seven (7) and eight (8) years old $24.00 

Vehicles over eight (8) years old $24.00 

There shall be twelve (12) registration periods, starting in January for 
holders of validation registration stickers numbered 1, and proceeding 
consecutively through December for holders of validation registration stick- 
ers numbered 12, each of which shall start on the first day of a calendar 
month and end on the last day of the twelfth month from the first day of the 
beginning month. Registration periods shall expire midnight on the last day 
of the registration period in the year designated by the validation registra- 
tion sticker. The numeral digit on the validation registration stickers shall, 
as does the registration card, fix the registration period under the staggered 
plate system of Idaho for the purpose of reregistration and notice of 
expiration. 

A vehicle that has once been registered for any of the above designated 
periods shall, upon reregistration, be registered for the period bearing the 
same number, and the registration card shall show and be the exclusive 
proof of the expiration date of registration and licensing. Vehicles may be 
initially registered for less than a twelve (12) month period, or for more than 
a twelve (12) month period, and the fee prorated on a monthly basis if the 
fractional registration tends to fulfill the purpose of the monthly series 
registration system. 

(2) For all school buses operated either by a nonprofit, nonpublic school or 
operated pursuant to a service contract with a school district for transport- 
ing children to or from school or in connection with school approved 
activities, the annual fee shall be twenty-four dollars ($24.00). 

(3) For all motorcycles and motor-driven cycles which comply with the 
federal motor vehicle safety standards, operated upon the public highways 
the annual fee shall be nine dollars ($9.00). 

(4) For operation of an all-terrain vehicle, utility type vehicle or motor- 
bike, excluding a motorbike with an engine displacement of fifty (50) cubic 
centimeters or less, on city, county or highway district roads or highways 
open to such use, a restricted vehicle license plate fee pursuant to section 
49-450, Idaho Code, shall be paid. In addition, the registration fee specified 
in section 67-7122, Idaho Code, shall be paid as provided in section 67-7122, 
Idaho Code. The registration and restricted vehicle license plate exemption 
provided in section 49-426(2), Idaho Code, applies to all-terrain vehicles, 
utility type vehicles, motorbikes and motorcycles used for the purposes 
described in subsection (2) of section 49-426, Idaho Code. Nonresidents shall 
be allowed to purchase a restricted vehicle license plate and sticker for an 
all-terrain vehicle, utility type vehicle or motorbike. 

(5) For all motor homes the fee shall be as specified in subsection (1) of 
this section and shall be in addition to the fees provided for in section 
49-445, Idaho Code. 



73 MOTOR VEHICLE REGISTRATION 49-402 

(6) Registration fees shall not be subject to refund. 

(7) A financial institution or repossession service contracted to a financial 
institution repossessing vehicles under the terms of a security agreement 
shall move the vehicle from the place of repossession to the financial 
institution's place of business on a repossession plate. The repossession 
plate shall also be used for demonstrating the vehicle to a prospective 
purchaser for a period not to exceed ninety-six (96) hours. The registration 
fees for repossession plates shall be as required in subsection (1) of this 
section for a vehicle one (1) and two (2) years old. All other fees required 
under chapter 4, title 49, Idaho Code, shall be in addition to the registration 
fee. The repossession plate shall be issued on an annual basis by the 
department. 

(8) A wrecker or towing business engaged in the process of towing 
motorized vehicles, which have been wrecked, abandoned, salvaged or may 
be disabled, may apply for a wrecker plate to be displayed on those vehicles 
being towed, provided the power unit is properly registered under this 
chapter. The registration fees for wrecker plates shall be as required in 
subsection (1) of this section for a vehicle one (1) and two (2) years old. All 
other fees required under chapter 4, title 49, Idaho Code, shall be in addition 
to the registration fee. The wrecker plate shall be issued on an annual basis 
by the department. 

(9) In addition to the annual registration fee in this section, there shall be 
an initial program fee of twenty-five dollars ($25.00) and an annual program 
fee of fifteen dollars ($15.00) for all special license plate programs for those 
license plates issued pursuant to sections 49-404A, 49-407, 49-408, 49-409, 
49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates issued 
pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an 
initial program fee of twenty-five dollars ($25.00) but there shall be no 
annual renewal fee. For special plates issued pursuant to sections 49-415C, 
49-415D, 49-415E, 49-416A, 49-416B, 49-416C, 49-416D, 49-416E, 49-417, 
49-417A, 49-417B, 49-417C, 49-417D, 49-417E, 49-418A, 49-418B, 49-418C, 
49-418E, 49-419, 49-419A, 49-419B, 49-419C, 49-419D, 49-419E, 49-420, 
49-420A, 49-420B, 49-420C, 49-420D, 49-420E, 49-420G, 49-420H, 49-4201, 
49-420J, 49-420K and 49-420L, Idaho Code, and any new special plate 
program effective on and after January 1, 2013, pursuant to section 
49-402D, Idaho Code, there shall be an initial program fee of thirty-five 
dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00). 
The fees contained in this subsection shall be applicable to all new special 
plate programs. The initial program fee and the annual program fee shall be 
deposited in the state highway account and shall be used to fund the cost of 
administration of special license plate programs, unless otherwise specified 
by law. 

(10) Any vehicle that does not meet federal motor vehicle safety stan- 
dards shall not be registered and shall not be permitted to operate on public 
highways of the state, as defined in section 40-117, Idaho Code, unless 
otherwise specifically authorized. 

(11) In addition to annual registration fees as provided in this section, 
registrants may pay a fee to purchase an Idaho state parks passport 



49-402 



MOTOR VEHICLES 



74 



authorizing resident motor vehicle entry into all Idaho state parks. Regis- 
trants may pay the fee for a one (1) year or two (2) year period of time. The 
fee shall be ten dollars ($10.00) for one (1) year and twenty dollars ($20.00) 
for two (2) years. All fees collected pursuant to this subsection shall be 
deposited into the park and recreation fund and shall be subject to 
appropriation. Fees collected pursuant to this subsection shall not be 
considered a motor vehicle registration fee as provided in section 17, article 
VII, of the constitution of the state of Idaho. 



History. 

I.C., § 49-126, as added by 1984, ch. 195 
§ 13, p. 445; am. 1985, ch. 53, § 2, p. 103; am 
1985, ch. 240, § 1, p. 568; am. 1987, ch. 185 
§ 2, p. 364; am. 1987, ch. 190, § 3, p. 382; am 

1987, ch. 361, § 2, p. 794; am and redesig 

1988, ch. 265, § 71, p. 549; am. 1989, ch. 310 
§ 11, p. 769; am. 1989, ch. 318, § 3, p. 826 
am. 1990, ch. 391, § 2, p. 1092; am. 1991, ch 
295, § 1, p. 769; am. 1992, ch. 35, § 10, p. 99 
am. 1992, ch. 186, § 1, p. 577; am. 1992, ch 
261, § 2, p. 755; am. 1993, ch. 99, § 1, p. 248 
am. 1993, ch. 135, § 2, p. 330; am. 1996, ch 
343, § 3, p. 1149; am. 1997, ch. 129, § 1, p 
382; am. 1998, ch. 392, § 8, p. 97; am. 1999 
ch. 315, § 1, p. 782; am. 1999, ch. 316, § 2, p 
790; am. 1999, ch. 320, § 5, p. 815; am. 1999 
ch. 365, § 1, p. 963; am. 1999, ch. 374, § 1, p 
1021; am. 2000, ch. 50, § 1, p. 95; am. 2000 
ch. 193, § 1, p. 476; am. 2000, ch. 200, § 1, p 
491; am. 2000, ch. 315, § 2, p. 1059; am. 2000 
ch. 421, § 1, p. 1369; am. 2001, ch. 281, § 1, p 
1010; am. 2002, ch. 226, § 1, p. 651; am. 2002 
ch. 254, § 1, p. 730; am. 2002, ch. 285, § 1, p 



829; am. 2003, ch. 16, § 11, p. 48; am. 2003 
ch. 43, § 1, p. 164; am. 2003, ch. 45, § 2, p 
171; am. 2003, ch. 242, § 1, p. 624; am 2004 
ch. 78, § 1, p. 300; am. 2004, ch. 81, § 1, p 
306; am. 2004, ch. 301, § 2, p. 841; am. 2005 
ch. 70, § 1, p. 244; am. 2005, ch. 102, § 1, p 
321; am. 2005, ch. 154, § 1, p. 481; am. 2005 
ch. 183, § 4, p. 558; am. 2006, ch. 41, § 1, p 
119; am. 2006, ch. 118, § 1, p. 331; am. 2006 
ch. 119, § 1, p. 334; am. 2006, ch. 176, § 1, p 
541; am. 2007, ch. 256, § 1, p. 760; am. 2008 
ch. 150, § 1, p. 436; am. 2008, ch. 193, § 1, p 
605; am. 2008, ch. 198, § 5, p. 640; am. 2008 
ch. 210, § 1, p. 664; am. 2008, ch. 409, § 3, p 
1129; am. 2009, ch. 11, § 19, p. 14; am. 2009 
ch. 157, § 7, p. 458; am. 2009, ch. 196, § 1, p 
631; am. 2009, ch. 199, § 1, p. 637; am. 2009 
ch. 287, § 1, p. 860; am. 2010, ch. 132, § 1, p 
280; am. 2010, ch. 140, § 1, p. 295; am. 2011 
ch. 22, § 1, p. 62; am. 2011, ch. 151, § 24, p 
414; am. 2012, ch. 41, § 2, p. 127; am. 2012 
ch. 64, § 1, p. 168; am. 2012, ch. 253, § 1, p 
697. 



STATUTORY NOTES 



Amendments. 

This section was amended by five 2009 acts 
which appear to be compatible and have been 
compiled together. 

The 2009 amendment, by ch. 11, corrected 
the duplicated subsection (8) designation 
from 2008. 

The 2009 amendment, by ch. 157, in sub- 
section (4), in the first sentence, substituted 
"on city, county or highway district roads or 
highways open to such use" for "on public 
lands" and added the last sentence. 

The 2009 amendment, by chs. 196 and 199, 
inserted "and 49-420H" in the third sentence 
in subsection (8). 

The 2009 amendment, by ch. 287, added 
subsection (8) and redesignated the subse- 
quent subsections accordingly. 

This section was amended by two 2010 acts 
which appear to be compatible and have been 
compiled together. 

The 2010 amendment, by ch. 132, in the 
third sentence in subsection (9), inserted "49- 
419E" and "and 49-4201" and correct the des- 
ignation of the last paragraph 



The 2010 amendment, by ch. 140, inserted 
"49-4201 and 49-420J" in subsection (9) and 
correct the designation of the last paragraph. 

The 2011 amendment, by ch. 22, inserted 
"49-420K" in subsection (9). 

The 2011 amendment, by ch. 151, deleted 
"and" following "49-420H" in the third sen- 
tence in subsection (9). 

This section was amended by three 2012 
acts which appear to be compatible and have 
been compiled together. 

The 2012 amendment, by ch. 41, added 
subsection (11). 

The 2012 amendment, by ch. 64, inserted 
"49-420L" in subsection (9). 

The 2012 amendment, by ch. 253, inserted 
"and any new special plate program effective 
on and after January 1, 2013, pursuant to 
section 49-402D Idaho Code" in subsection (9). 

Effective Dates. 

Section 17 of S.L. 2009, ch. 157 declared an 
emergency. Approved April 9, 2009. 

Section 3 of S.L. 2009, ch. 196 provided that 
the act should take effect on and after Janu- 
ary 1, 2010. 



75 MOTOR VEHICLE REGISTRATION 49-402D 

Section 3 of S.L. 2009, ch. 199 provided that Section 3 of S.L. 2010, ch. 140 provided that 
the act should take effect on and after Janu- the act should take effect on and after Janu- 
ary 1, 2010. ary 1, 2011. 

Section 3 of S.L. 2010, ch. 132 provided that Section 3 of S.L. 2011, ch. 22 provided that 
the act should take effect on and after Janu- the act should take effect on and after Janu- 
ary 1, 2011. ary 1, 2012. 

49-402D. Special license plate prequalification process. — 

(1) Any special plate consideration shall: 

(a) Submit a financial plan for the use of the proceeds from the special 
license plate sales; and 

(b) Designate an individual who shall be deemed responsible by the 
agency for certifying compliance with the requirements of this section and 
working with the department; and 

(c) If the applicant is a nonprofit agency, submit evidence to the depart- 
ment that the applicant has 501(c)(3) federal income tax status that has 
been in existence for at least two (2) years. 

(d) The department is authorized and shall adopt and promulgate rules 
to carry out the provisions of this section. 

(2) If the request for a special license plate is approved by the depart- 
ment, the following requirements, in addition to those set out in subsection 
(1) of this section, shall be met by September 1 prior to the next legislative 
session. 

(a) The applicant shall deposit estimated programming and administra- 
tive costs with the department to be utilized for programming costs of the 
specialty plate. Administrative costs in the amount of one thousand 
dollars ($1,000) shall be nonrefundable. 

(b) In addition to the requirements provided for in section 49-402C, Idaho 
Code, the applicant requesting a special license plate program shall 
provide to the department an acceptable plate design. 

(c) The applicant shall transmit to the department a list of two hundred 
fifty (250) applicants whose vehicles are currently registered in the state 
of Idaho, who intend to purchase the specialty plate when available, as 
evidenced by completing forms provided by the department. 

(3) The department shall submit the completed applications for special 
license plate programs that meet the requirements of this section to the 
chairmen of the senate transportation committee and the house of repre- 
sentatives transportation and defense committee each year on behalf of the 
agency to be included for consideration in the next legislative session. 

(4) On an annual basis, by December 1 of each calendar year, the sponsor 
of a special license plate program, shall prepare an annual report, which 
shall be made available on request, and shall be forwarded to the depart- 
ment. Such report shall include an accounting of revenues and expenditures 
associated with the funds collected for the special license plate program. The 
department shall compile and forward such reports to the chairmen of the 
senate transportation committee and the house of representatives transpor- 
tation and defense committee by January 15 of each year. Failure of the 
agency to provide such report by the due date shall result in the suspension 
of the special license plate program sales on January 1 until such report is 
provided. The provisions of this section shall apply to all special plate 



49-403B MOTOR VEHICLES 76 

programs generating revenue outside of the department excluding military 
license plate programs. 

(5) Any decision by the department that the special license plate program 
application does not meet the provisions of this section may be appealed to 
the director of the department. Such notice of appeal shall be made in 
writing within twenty (20) days of the notice of denial. 

History. 

I.C., § 49-402D, as added by 2012, ch. 253, 
§ 2, p. 697. 

49-403B. Gold star — License plates. — (1) In this section: 

(a) "Combat zone" means those locations involving a "period of war" as 
denned in 38 U.S.C. section 101(11) and such other locations and times as 
the division of veterans services may define by rule. 

(b) "Qualifying cause of death" means a death of a person due to hostile 
action while serving in the armed forces of the United States on active 
duty in a combat zone as the division of veterans services may define by 
rule. 

(c) "Qualifying family member" means the surviving spouse, parent, 
stepparent, child, stepchild, sibling, half-sibling, stepsibling, grandparent 
or legal guardian of a person who died due to a qualifying cause of death. 

(2) Qualifying family members are eligible to apply for gold star license 
plates. As proof of eligibility, the applicant shall furnish to the department 
a statement from the division of veterans services certifying eligibility. 

(3) The division of veterans services shall establish by rule the require- 
ments for receipt of a certificate of eligibility including proof of qualifying 
familial relationship to the deceased service member and the death of the 
service member due to a qualifying cause of death. 

(4) No special plate program fee shall be charged in addition to regular 
registration or renewal of registration of a motor vehicle owned by the 
spouse, parent or stepparent of a service member who was killed during 
active military service in a combat zone and receiving gold star license 
plates. 

(5) A qualifying family member who is not the spouse, parent or steppar- 
ent shall be charged the regular registration fee and plate fee required in 
section 49-450, Idaho Code, and an additional fee of thirty-five dollars 
($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) 
upon each succeeding annual registration. Ten dollars ($10.00) of the initial 
fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state 
highway account and shall be used to fund the cost of administration of this 
gold star license plate program. Twenty-five dollars ($25.00) of each initial 
fee and fifteen dollars ($15.00) of each renewal fee shall be deposited in the 
veterans support fund, section 65-209, Idaho Code, and shall be used to 
defray the costs of administration of the eligibility certification program and 
to provide programs to support veterans. 

(6) Gold star license plates shall be used only on a motor vehicle owned by 
the qualifying family member. 

(7) Whenever title or interest in a motor vehicle registered under this 
section is transferred or assigned, the registration shall expire, but the 



77 MOTOR VEHICLE REGISTRATION 49-411 

qualifying family member may transfer the gold star license plates to 
another motor vehicle upon payment of the required transfer fees. The 
qualifying family member may only display the gold star license plates after 
receipt of new registration from the department. 

(8) A qualifying family member shall not register more than two (2) motor 
vehicles under this section. This section shall not apply to any motor vehicle 
with a registered maximum gross weight over twenty-six thousand (26,000) 
pounds, nor to any vehicle registered under section 49-434(5), Idaho Code. 

(9) Gold star license plates may be retained and displayed on motor 
vehicles owned by the surviving spouse of a qualifying family member. In 
addition, the surviving spouse is eligible to reapply for and shall be issued 
gold star license plates if the deceased qualifying family member died on or 
after January 1 of the five (5) years preceding the date of reapplication for 
the gold star license plates. Such plates shall be used only on a motor vehicle 
owned by the surviving spouse of the qualifying family member. 

(10) The gold star license plates shall be of a color and design acceptable 
to the veterans affairs commission and approved by the department, 
utilizing a numbering system as determined by the department. Gold star 
license plates shall not be subject to discontinuance pursuant to section 
49-402C(6), Idaho Code. 

History. 

I.C., § 49-403B, as added by 2009, ch. 213, 
§ 1, p. 672. 

49-411. Dealer and manufacturer plate — Fees. — (1) Any person 
conducting the business of manufacturing, buying, selling or dealing in 
vehicles, and licensed as a manufacturer of or a dealer in vehicles, and 
owning and operating any such vehicle upon any highway may, in lieu of 
registering each vehicle, obtain from the department upon application on 
the proper form and payment of the required fee, and attach to each vehicle, 
one (1) number plate as required for different classes of vehicles in section 
49-434, Idaho Code. The special number plate shall bear a distinctive 
number assigned to the manufacturer or dealer, the name of this state, 
which may be abbreviated, and the year for which the plate is issued, 
together with words which may be abbreviated or a distinguishing symbol 
indicating that the plate is issued to a manufacturer or dealer. 

(a) Dealer license plates shall be limited to two (2) license plates for up to 
twenty (20) vehicles sold during the previous dealer licensing period and 
one (1) license plate for each ten (10) additional vehicles sold during the 
previous dealer licensing period. Any new dealer who applies for a dealer 
license shall be eligible for the number of dealer plates requested based on 
the number of vehicles that the dealer estimates he will sell during the 
first year of licensure. 

(b) Upon renewal of a dealer's license, the department may audit vehicle 
sales from previous years to determine the number of dealer plates that 
will be authorized for the current dealer licensing period. 

(2) The fee to validate a dealer or manufacturer number plate shall be 
twelve dollars ($12.00) for each validation sticker. 



49-415G MOTOR VEHICLES 78 

(3) All such fees shall be paid to the state treasurer and deposited to the 
state highway account. 

(4) Laden dealer or manufacturer plates shall be available to licensed 
dealers and manufacturers operating vehicles with laden loads in further- 
ance of their business pursuant to section 49-1627(5), Idaho Code. Such 
plates shall be exempt from the limit provisions of subsection (l)(a) of this 
section. The operating fee for a laden dealer or manufacturer plate will be 
equal to the fees for commercial vehicles pursuant to section 49-434(1), 
Idaho Code, for twenty-six thousand (26,000) pounds. Laden dealer and 
manufacturer plates are limited to a maximum combined gross vehicle 
weight of twenty-six thousand (26,000) pounds. Temporary weight increase 
permits may be purchased pursuant to section 49-432(2), Idaho Code. 

History. am. 1998, ch. 156, § 1, p. 533; am. 2001, ch. 

I.C., § 49-411, as added by 1988, ch. 265, 73, § 5, p. 154; am. 2003, ch. 125, § 1, p. 375; 
§ 80, p. 549; am. 1994, ch. 246, § 1, p. 766; am. 2011, ch. 72, § 1, p. 152. 

STATUTORY NOTES 

Amendments. 

The 2011 amendment, by ch. 72, added 
subsection (4). 

49-4 15G. Idaho north America plate — Special permanent or 
business logo. — (1) Any person or business who is the owner of a trailer 
or semitrailer registered under the provisions of subsection (4)(a) of section 
49-434, Idaho Code, may apply for and, upon department approval, may 
receive a special permanent or business logo license plate of the owner's 
company. 

(2) In addition to the registration fee required in section 49-434(4)(a), 
Idaho Code, an applicant for a business logo plate shall pay the estimated 
initial programming costs, which fees shall be deposited in the state 
highway account. The business logo plate shall be of a color and design in 
accordance with the provisions of section 49-402C, Idaho Code, and accept- 
able to the owner or business and shall be approved by the department and 
utilize a numbering system as determined by the department. 

(3) Whenever title or interest in a trailer or semitrailer registered under 
the provisions of this section is transferred or reassigned, the plates issued 
pursuant to subsection (4)(a) of section 49-434, Idaho Code, are nontrans- 
ferable and the registration fee is nonrefundable. 

(4) The north America permanent trailer plate program shall be subject 
to the provisions of section 49-402C, Idaho Code. 

(5) Any specific business logo plate program created under this section 
shall be discontinued if no plates are issued under the program for two (2) 
consecutive years after the year of implementation. 

(6) Sample special permanent or business logo license plates may be 
purchased for a fee of thirty dollars ($30.00), which shall be placed in the 
state highway account. 



79 MOTOR VEHICLE REGISTRATION 49-416C 

History. 

I.C., § 49-415G, as added by 2009, ch. 330, 
§ 1, p. 942. 

49-416C. Innovation plates. — (1) Any person who is the owner of a 
vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho 
Code, or registered under any other section of law for which the purchase of 
special plates is allowed, may apply for and, upon department approval, 
receive special innovation license plates in lieu of regular license plates. The 
provisions of this section shall not apply to any vehicle with a registered 
maximum gross weight over twenty-six thousand (26,000) pounds. Avail- 
ability of innovation license plates for other vehicles shall be subject to the 
rules, policies and procedures of the department. 

(2) In addition to the regular registration fee required in chapter 4, title 
49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars 
($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) 
upon each succeeding annual registration. Ten dollars ($10.00) of the initial 
fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state 
highway account and shall be used to fund the cost of administration of this 
special license plate program. Twenty-five dollars ($25.00) of each initial fee 
and fifteen dollars ($15.00) of each renewal fee shall be transferred by the 
state treasurer for deposit to the Idaho innovation fund created in section 
67-4725, Idaho Code, and shall be used by the commercial innovation 
division of the department of commerce for attracting innovation companies 
to locate or to expand their operations in Idaho. 

(3) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 
plates to another vehicle upon payment of the required transfer fees. The 
owner may only display the plates on another vehicle upon receipt of the 
new registration from the department. 

(4) The innovation license plate shall be of a color and design in 
accordance with the provisions of section 49-402C, Idaho Code. The design 
and any slogan on the plate shall be acceptable to the director of the 
department of commerce and shall be approved by the Idaho transportation 
department utilizing a numbering system as determined by the department. 
Initial costs of the plate program, including costs of plate design, shall be 
paid by the department of commerce. 

(5) Sample innovation license plates may be purchased for a fee of thirty 
dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state 
highway account and twenty dollars ($20.00) of which shall be transferred 
to the Idaho innovation fund, and shall be used by the commercial 
innovation division for attracting innovation companies to locate or to 
expand their operations in Idaho. 

History. 2007, ch. 360, § 14, p. 1061; am. 2009, ch. 

I.C., § 49-416C, as added by 2005, ch. 102, 162, § 1, p. 487. 
§ 2, p. 321; am. 2006, ch. 16, § 6, p. 42; am. 



49-417B MOTOR VEHICLES 80 

STATUTORY NOTES 

Amendments. sentence in subsection (2) and in subsection 

The 2009 amendment, by ch. 162, through- (5), substituted "Idaho innovation fund" for 

out the section, substituted "innovation" for "office of science and technology fund." 
"science and technology"; and, in the last 

49-41 7B. Idaho agriculture plates. — (1) On and after January 1, 
2000, any person who is the owner of a vehicle registered under the 
provisions of section 49-402 or 49-434(1), Idaho Code, may apply for Idaho 
agriculture plates. The provisions of this section shall not apply to any 
vehicle with a registered maximum gross weight over twenty-six thousand 
(26,000) pounds. Availability of Idaho agriculture plates for other vehicles 
may be authorized by rule of the board. 

(2) In addition to the regular operating fee, the applicant shall be charged 
a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and 
twenty-five dollars ($25.00) upon each succeeding annual registration. Ten 
dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee 
shall be deposited in the state highway account and shall be used to fund the 
cost of the administration of this special license plate program. Twenty-five 
dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each 
renewal fee shall be transferred by warrant on a monthly basis by the Idaho 
transportation department to Idaho ag in the classroom created by the 
provisions of section 57-815, Idaho Code. 

(3) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 
plates to another vehicle upon payment of the required transfer fees. The 
owner may only display the plates after receipt of new registration from the 
department. 

(4) The Idaho agriculture license plate shall be of a color and design in 
accordance with the provisions of section 49-402C, Idaho Code. That portion 
of the design which features Idaho agriculture shall be acceptable to the 
Food Producers of Idaho, Inc. and shall be approved by the department 
utilizing a numbering system as determined by the department. Initial costs 
of the plate program, including the cost of plate design, shall be paid from 
the ag in the classroom account. 

(5) Sample Idaho agriculture plates may be purchased from the depart- 
ment for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall 
be deposited in the state highway account and twenty dollars ($20.00) of 
which shall be transferred by warrant on a monthly basis by the Idaho 
transportation department to Idaho ag in the classroom. 

History. am. 2000, ch. 200, § 2, p. 491; am. 2001, ch. 

I.C., § 49-417B, as added by 1999, ch. 374, 73, § 7, p. 154; am. 2009, ch. 114, § 1, p. 368. 
§ 2, p. 1021; am. 2000, ch. 87, § 19, p. 188; 

STATUTORY NOTES 

Amendments. tion (5), substituted "shall be transferred by 

The 2009 amendment, by ch. 114, in the warrant on a monthly basis by the Idaho 

last sentence in subsection (2) and in subsec- transportation department to Idaho ag in the 



81 MOTOR VEHICLE REGISTRATION 49-418 

classroom" for "shall be transferred by the Effective Dates. 

state treasurer to the ag in the classroom Section 3 of S.L. 2009, ch. 114 declared an 

account" and "shall be transferred to the ag in emergency. Approved April 8, 2009. 

the classroom account," respectively. 

49-418. Veterans plates. — (1) Any person who is the owner of a 
vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho 
Code, may apply for and upon department approval receive special veterans 
license plates in lieu of regular license plates. The provisions of this section 
shall not apply to any vehicle with a registered maximum gross weight over 
twenty-six thousand (26,000) pounds. Availability of veterans plates for 
other vehicles shall be subject to the rules, policies and procedures of the 
department. 

(2) Proof of being a current or former member of the United States armed 
forces must be furnished to the department before special veterans plates 
will be issued. Acceptable proof shall be a copy of form DD214 or an 
equivalent document or statement from the department of veterans affairs. 

(3) In addition to the regular registration fees required in section 49- 
402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program 
fee of twenty-five dollars ($25.00) and the annual program fee of fifteen 
dollars ($15.00) as specified in section 49-402, Idaho Code, and the plate fee 
specified in section 49-450, Idaho Code. Ten dollars ($10.00) of the initial 
program fee and ten dollars ($10.00) of the annual program fee shall be 
deposited in the state highway account and shall be used to fund the cost of 
administration of this special license plate program. Fifteen dollars ($15.00) 
of the initial program fee and five dollars ($5.00) of the annual program fee 
shall be deposited to the veterans cemetery maintenance fund created in 
section 65-107, Idaho Code, and shall be used to operate and maintain a 
state veterans cemetery. 

(4) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 
plates to another vehicle upon payment of the required transfer fees. The 
owner may only display the plates on another vehicle upon receipt of the 
new registration from the department. 

(5) The veterans license plate design shall include the colors red, white 
and blue, shall designate one (1) of the five (5) branches of military service, 
and display either: 

(a) The word "VETERAN"; 

(b) The name of a conflict or war period recognized by the United States 
department of veterans affairs for the purpose of awarding federal 
veterans benefits as denned in 38 U.S.C. 101(11); or 

(c) For a current or former member of the United States armed forces who 
has served in Afghanistan or Iraq during the post 9/11 global operations 
period, as denned in 38 U.S.C. section 4110A(c), the name of the post 9/11 
global operations theater. 

The license plate design shall comply with all applicable rules of the 
department, and shall include a separate and distinct numbering system. 
The design, color, and numbering system shall be subject to approval of the 
department. 



49-419E MOTOR VEHICLES 82 

(6) Veterans license plates may be retained and displayed on vehicles 
owned by the surviving spouse of a qualified veteran. In addition, the 
surviving spouse of a deceased qualified veteran is eligible to reapply for and 
shall be issued veterans license plates if the deceased qualified veteran died 
on or after January 1 of the five (5) years preceding the date of reapplication 
for the plates. Such plates shall be used on a vehicle owned by the surviving 
spouse. 

History. 37, § 5, p. 66; am. 2000, ch. 87, § 20, p. 188; 

I.C., § 49-418, as added by 1996, ch. 413, am. 2000, ch. 464, § 1, p. 1437; am. 2011, ch. 

§ 1, p. 1375; am. 1998, ch. 113, § 15, p. 418; 66, § 1, p. 141. 
am. 1999, ch. 316, § 9, p. 790; am. 2000, ch. 

STATUTORY NOTES 

Amendments. 

The 2011 amendment, by ch. 66, added 
paragraph (5)(c). 

49-419E. Idaho mountain biking plates. — (1) On and after Janu- 
ary 1, 2011, any person who is the owner of a vehicle registered under the 
provisions of section 49-402, Idaho Code, or registered under any other 
section of law for which the purchase of special plates is allowed, may apply 
for and upon department approval, receive special Idaho mountain biking 
license plates in lieu of regular license plates. The provisions of this section 
shall not apply to any vehicle with a registered maximum gross weight over 
twenty-six thousand (26,000) pounds. Availability of Idaho mountain biking 
license plates for other vehicles shall be subject to the rules, policies and 
procedures of the department. 

(2) In addition to the regular registration fee required in chapter 4, title 
49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars 
($35.00) for the initial issuance of the plates and twenty-five dollars ($25.00) 
upon each succeeding annual registration. Thirteen dollars ($13.00) of the 
initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited 
in the state highway account and shall be used to fund the cost of 
administration of this special license plate program. Twenty-two dollars 
($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee 
shall be deposited by the state treasurer in a dedicated fund in the 
department of parks and recreation or any successor state agency or 
department thereto which fund shall be used by any such agency or 
department exclusively for the preservation, maintenance and expansion of 
recreational trails within the state of Idaho and on which mountain biking 
is permitted. 

(3) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 
plates to another vehicle upon payment of the required transfer fees. The 
owner may only display the plates on another vehicle upon receipt of a new 
registration from the department. 

(4) The Idaho mountain biking license plate shall be of a color and design 
in accordance with the provisions of section 49-402C, Idaho Code. The 



83 MOTOR VEHICLE REGISTRATION 49-420H 

design and any slogan on the plate shall be acceptable to the department of 
parks and recreation or any successor agency or department thereto, and 
shall be approved by the Idaho transportation department utilizing a 
numbering system as determined by the department. Initial costs of the 
plate program, including costs of plate design, shall be paid by the Idaho 
mountain bike trail preservation association. 

(5) Sample Idaho mountain biking license plates may be purchased for a 
fee of thirty dollars ($30.00), thirteen dollars ($13.0.0) of which shall be 
deposited in the state highway account and seventeen dollars ($17.00) of 
which shall be deposited in a dedicated fund within the department of parks 
and recreation or any successor state agency or department thereto and 
which fund shall be used by any such agency or department exclusively for 
the preservation, maintenance and expansion of recreational trails within 
the state of Idaho and on which mountain biking is permitted. 

History. 

I.C., § 49-419E, as added by 2010, ch. 132, 
§ 2, p. 280. 

STATUTORY NOTES 

Effective Dates. the act should take effect on and after Janu- 

Section 3 of S.L. 2010, ch. 132 provided that ary 1, 2011. 

49-420H. Idaho freemason plates. — (1) Any person who is the 
owner of a vehicle registered under the provisions of section 49-402, Idaho 
Code, may apply for and upon department approval receive special Idaho 
freemason license plates in lieu of regular license plates. The provisions of 
this section shall not apply to any vehicle with a registered maximum gross 
weight over twenty-six thousand (26,000) pounds. Availability of freemason 
plates for other vehicles shall be subject to the rules, policies and procedures 
of the department. 

(2) In addition to the regular registration fee required in chapter 4, title 
49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars 
($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) 
upon each succeeding annual registration. Thirteen dollars ($13.00) of the 
initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited 
in the state highway account and shall be used to fund the cost of 
administration of this special license plate program. Twenty-two dollars 
($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee 
shall be deposited by the department to the Grand Lodge of Idaho Charita- 
ble Fund and shall be used by the Grand Lodge of Idaho exclusively for the 
purpose of supporting charitable activities with which the freemasons are 
involved and for any other purpose deemed worthy of funding by the Grand 
Lodge of Idaho. 

(3) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 
plates to another vehicle upon payment of the required transfer fees. The 
owner may only display the plates on another vehicle upon receipt of the 
new registration from the department. 



49-4201 MOTOR VEHICLES 84 

(4) The license plate design shall be acceptable to the Grand Lodge of 
Idaho and shall be approved by the department and shall utilize a number- 
ing system as determined by the department. Initial costs of the plate 
program, including costs of plate design, shall be paid by the Grand Lodge 
of Idaho. 

(5) Sample Idaho freemason license plates may be purchased for a fee of 
thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited 
in the state highway account and seventeen dollars ($17.00) of which shall 
be transferred to the Grand Lodge of Idaho. 

History. 

I.C., § 49-420H, as added by 2009, ch. 199, 
§ 2, p. 637. 

STATUTORY NOTES 

Compiler's Notes. Effective Dates. 

Section 2 of S.L. 2009, ch. 199 and section 2 Section 3 of S.L. 2009, ch. 199 provided that 

of S.L. 2009, ch. 196, each, enacted a § 49- the act should take effect on and after Janu- 
420H. The provisions enacted by section 2 of a ry 1, 2010. 
S.L. 2009, ch. 196 have been redesignated as 
§ 49-4201 by the compiler. The redesignation 
was made permanent by S.L. 2010, ch. 79, 
§ 17. 

49-4201. Earth sciences and lapidary plates. — (1) On and after 
January 1, 2010, any person who is the owner of a vehicle registered under 
the provisions of section 49-402, Idaho Code, or registered under any other 
section of law for which the purchase of special plates is allowed, may apply 
for and, upon department approval, receive earth sciences and lapidary 
license plates in lieu of regular license plates. The provisions of this section 
shall not apply to any vehicle with a registered maximum gross weight over 
twenty-six thousand (26,000) pounds. Availability of earth sciences and 
lapidary license plates for other vehicles shall be subject to the rules, 
policies and procedures of the department. 

(2) In addition to the regular registration fee required in chapter 4, title 
49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars 
($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) 
upon each succeeding annual registration. Thirteen dollars ($13.00) of the 
initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited 
in the state highway account and shall be used to fund the cost of 
administration of this special license plate program. Twenty-two dollars 
($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee 
shall be transferred by the state treasurer for deposit to the Idaho gem club, 
an Idaho nonprofit organization, and shall be used to provide classes for 
kindergarten through grade 6 to promote understanding about earth 
sciences and lapidary. 

(3) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 
plates to another vehicle upon payment of the required transfer fees. The 
owner may only display the plates on another vehicle upon receipt of the 
new registration from the department. 



85 MOTOR VEHICLE REGISTRATION 49-420J 

(4) The earth sciences and lapidary license plate shall be of a color and 
design in accordance with the provisions of section 49-402C, Idaho Code. 
The design and any slogan on the plate shall be acceptable to the Idaho gem 
club and shall be approved by the transportation department utilizing a 
numbering system as determined by the department. Initial costs of the 
plate program, including costs of plate design, shall be paid by the Idaho 
gem club. 

(5) Sample earth sciences and lapidary license plates may be purchased 
for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be 
deposited in the state highway account and seventeen dollars ($17.00) of 
which shall be transferred for deposit to the Idaho gem club, and shall be 
used to provide classes for kindergarten through grade 6 to promote 
understanding about the earth sciences and lapidary. 

History. 

I.C., § 49-420H, as added by 2009, ch. 196, 
§ 2, p. 631; am. 2010, ch. 79, § 17, p. 133. 

STATUTORY NOTES 

Amendments. S.L. 2009, ch. 196 have been redesignated as 

The 2010 amendment, by ch. 79, redesig- § 49-4201 by the compiler. The redesignation 

nated the section to correct duplicate designa- was made permanent by S.L. 2010, ch. 79, 

tions from 2009 legislation. § 17. 

Compiler's Notes. Effective Dates. 

Section 2 of S.L. 2009, ch. 199 and section 2 Section 3 of S.L. 2009, ch. 196 provided that 

of S.L. 2009, ch. 196, each, enacted a § 49- the act should take effect on and after Janu- 

420H. The provisions enacted by section 2 of ary 1, 2010. 

49-420 J. Selway-Bitterroot wilderness plates. — (1) Any person 
who is the owner of a vehicle registered under the provisions of section 
49-402, Idaho Code, may apply for and upon department approval receive 
special Idaho Selway-Bitterroot wilderness license plates in lieu of regular 
license plates. The provisions of this section shall not apply to any vehicle 
with a registered maximum gross weight over twenty-six thousand (26,000) 
pounds. Availability of Selway-Bitterroot wilderness plates for other vehi- 
cles shall be subject to the rules, policies and procedures of the department. 

(2) In addition to the regular registration fee required in chapter 4, title 
49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars 
($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) 
upon each succeeding annual registration. Thirteen dollars ($13.00) of the 
initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited 
in the state highway account and shall be used to fund the cost of 
administration of this special license plate program. Twenty- two dollars 
($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee 
shall be transferred by the state treasurer to the Selway-Bitterroot Foun- 
dation, and shall be used by the foundation for the purpose of assisting in 
the stewardship of the Idaho Selway-Bitterroot wilderness and surrounding 
wildlands of north central Idaho. 

(3) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 



49-420K MOTOR VEHICLES 86 

plates to another vehicle upon payment of the required transfer fees. The 
owner may only display the plates on another vehicle upon receipt of the 
new registration from the department. 

(4) The license plate design shall be acceptable to the Selway-Bitterroot 
Foundation and shall be approved by the department and shall utilize a 
numbering system as determined by the department. Initial costs of the 
plate program, including costs of plate design, shall be paid by the 
Selway-Bitterroot Foundation. 

(5) Sample Idaho Selway-Bitterroot wilderness license plates may be 
purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of 
which shall be deposited in the state highway account and seventeen dollars 
($17.00) of which shall be transferred to the Selway-Bitterroot Foundation. 

History. 

I.C., § 49-420J, as added by 2010, ch. 140, 
§ 2, p. 295. 

STATUTORY NOTES 

Effective Dates. the act should take effect on and after Janu- 

Section 3 of S.L. 2010, ch. 140 provided that ary 1, 2011. 

49-420K. Idaho aviation foundation plates. — (1) Any person who 
is the owner of a vehicle registered under the provisions of section 49-402, 
Idaho Code, may apply for and upon department approval receive special 
Idaho aviation foundation license plates in lieu of regular license plates. The 
provisions of this section shall not apply to any vehicle with a registered 
maximum gross weight over twenty-six thousand (26,000) pounds. Avail- 
ability of Idaho aviation foundation plates for other vehicles shall be subject 
to the rules, policies and procedures of the department. 

(2) In addition to the regular registration fee required in chapter 4, title 
49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars 
($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) 
upon each succeeding annual registration. Thirteen dollars ($13.00) of the 
initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited 
in the state highway account and shall be used to fund the cost of 
administration of this special license plate program. Twenty-two dollars 
($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee 
shall be transferred by the state treasurer to the Idaho aviation foundation 
and shall be used by the foundation for grants relating to the maintenance, 
upgrade and development of airstrips and for improving access and promot- 
ing safety at backcountry and recreational airports in Idaho. 

(3) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 
plates to another vehicle upon payment of the required transfer fees. The 
owner may display the plates on another vehicle only upon receipt of the 
new registration from the department. 

(4) The license plate design shall be of a color and design in accordance 
with the provisions of section 49-402C, Idaho Code. The design and any 
slogan on the plate shall be acceptable to the Idaho aviation foundation and 



87 MOTOR VEHICLE REGISTRATION 49-420L 

shall be approved by the department and shall use a numbering system as 
determined by the department. Initial costs of the plate program, including 
costs of plate design, shall be paid by the Idaho aviation foundation. 

(5) Sample Idaho aviation foundation license plates may be purchased for 
a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be 
deposited in the state highway account and seventeen dollars ($17.00) of 
which shall be transferred to the Idaho aviation foundation. 

History. 

I.C., § 49-420K, as added by 2011, ch. 22, 
§ 2, p. 62. 

STATUTORY NOTES 

Effective Dates. the act should take effect on and after Janu- 

Section 3 of S.L. 2011, ch. 22 provided that ary 1, 2012. 

49-420L. Idaho territory sesquicentennial plates. — (1) Any per- 
son who is the owner of a vehicle registered under the provisions of section 
49-402, Idaho Code, may apply for and upon department approval receive 
special Idaho territory sesquicentennial license plates in lieu of regular 
license plates. The provisions of this section shall not apply to any vehicle 
with a registered maximum gross weight over twenty-six thousand (26,000) 
pounds. Availability of Idaho territory sesquicentennial plates for other 
vehicles shall be subject to the rules, policies and procedures of the 
department. 

(2) In addition to the regular registration fee required in chapter 4, title 
49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars 
($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) 
upon each succeeding annual registration. Thirteen dollars ($13.00) of the 
initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited 
in the state highway account and shall be used to fund the cost of 
administration of this special license plate program. Twenty- two dollars 
($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee 
shall be deposited by the department to the respective county historical 
society or designated entity in which the vehicle is registered and shall be 
used by such county historical society or designated entity to fund projects 
related to the Idaho territory sesquicentennial or to fund other projects that 
protect and preserve the heritage and cultural resources of the county. 

(3) Whenever title or interest in a vehicle registered under the provisions 
of this section is transferred or assigned, the owner may transfer the special 
plates to another vehicle upon payment of the required transfer fees. The 
owner may display the plates on another vehicle only upon receipt of the 
new registration from the department. 

(4) The license plate design shall be of a color and design in accordance 
with the provisions of section 49-402C, Idaho Code. The design and any 
slogan on the plate shall be approved by the department and shall use a 
numbering system as determined by the department. Initial costs of the 
plate program, including costs of plate design, shall be paid by the Lewiston 
historic preservation commission. 



49-426 MOTOR VEHICLES 88 

(5) Sample Idaho territory sesquicentennial license plates may be pur- 
chased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which 
shall be deposited in the state highway account and seventeen dollars 
($17.00) of which shall be transferred to the county historical society where 
the vehicle is registered. 

History. 

I.C., § 49-420L, as added by 2012, ch. 64, 
§ 2, p. 168. 

49-426. Exemptions from operating fees. — The provisions of this 
chapter with respect to operating fees shall not apply to: 

(1) Motor vehicles owned or leased by the United States, the state, a city, 
a county, any department thereof, any political subdivision or municipal 
corporation of the state, any taxing district of the state, any state registered 
nonprofit subscription fire protection unit, or any organization, whether 
incorporated or unincorporated, organized for the operation, maintenance, 
or management of an irrigation project or irrigation works or system or for 
the purpose of furnishing water to its members or shareholders, but in other 
respects shall be applicable. 

(2) Farm tractors, implements of husbandry, those manufactured homes 
which qualify for an exemption under the provisions of section 49-422, Idaho 
Code, road rollers, wheel mounted tar buckets, portable concrete and/or 
mortar mixers, wheel mounted compressors, tow dollies, portable toilet 
trailers, street sweepers, other construction equipment, forestry equipment, 
lawn and grounds equipment and similar devices as determined by the 
department which are temporarily operated or moved upon the highways 
need not be registered under the provisions of this chapter, nor shall 
implements of husbandry be considered towed units under registration of 
vehicle combinations as defined in section 49-108(2), Idaho Code. In addi- 
tion, self-propelled wheelchairs, three-wheeled bicycles, wheelchair convey- 
ances, golf carts, lawn mowers, and scooters operated by persons who by 
reason of physical disability are otherwise unable to move about as 
pedestrians shall be exempt from registration requirements under the 
provisions of this chapter. Motorcycles, motorbikes, utility type vehicles and 
all-terrain vehicles need not be licensed under the provisions of this chapter 
or registered pursuant to the provisions of section 67-7122, Idaho Code, if 
they are being used exclusively in connection with agricultural, horticul- 
tural, dairy and livestock growing and feeding operations or used exclu- 
sively for snow removal purposes. Travel upon the public highways shall be 
limited to travel between farm or ranch locations. Motorcycles, motorbikes, 
utility type vehicles and all-terrain vehicles used for this purpose shall meet 
the emblem requirements of section 49-619, Idaho Code. 

(3) Any political subdivision of the state of Idaho may, but only after 
sufficient public notice is given and a public hearing held, adopt local 
ordinances or resolutions designating highways or sections of highways 
under its jurisdiction which are closed to all-terrain vehicles, utility type 
vehicles, specialty off-highway vehicles and motorbikes licensed pursuant to 
this chapter and registered pursuant to section 67-7122, Idaho Code. The 



89 MOTOR VEHICLE REGISTRATION 49-428 

operation of licensed and registered all-terrain vehicles, utility type vehicles 
and motorbikes and those vehicles exempt from licensing and registration 
pursuant to subsection (2) of this section shall not be permitted on controlled 
access highways. The requirements of title 18 and chapters 2, 3, 6, 8, 12, 13 
and 14, title 49, Idaho Code, shall apply to the operation of any all-terrain 
vehicle, utility type vehicle or motorbike upon highways. Costs related to 
the posting of signs on highways or sections of highways that are closed to 
such vehicles, indicating the ordinance, are eligible for reimbursement 
through the motorbike recreation account created in section 67-7126, Idaho 
Code. 

(4) The Idaho transportation board may designate sections of state 
highways over which all-terrain vehicles, utility type vehicles, specialty 
off-highway vehicles and motorbikes may cross. The requirements of title 
18, and chapters 2, 3, 6, 8, 12, 13 and 14, title 49, Idaho Code, shall apply to 
the operation of all-terrain vehicles, utility type vehicles, specialty off- 
highway vehicles and motorbikes when using designated crossings on state 
highways. 

(5) All-terrain vehicles, utility type vehicles, specialty off-highway vehi- 
cles and motorbikes may be used on highways located on state lands or 
federal lands which are not part of the highway system of the state of Idaho, 
provided the registration requirements of section 67-7122, Idaho Code, are 
met. 

History. and redesig. 1988, ch. 265, § 88, p. 549; am. 

1927, ch. 244, §§ 8, 27, p. 374; I.C.A., § 48- 1989, ch. 310, § 16, p. 769; am. 1992, ch. 35, 

108; I.C.A., § 48-129; am. 1951, ch. 119, § 13, § 17, p. 99; am. 1992, ch. 238, § 2, p. 707; am. 

p. 273; am. 1955, ch. 186, § 1, p. 408; am. 1992, ch. 268, § 2, p. 829; am. 1998, ch. 104, 

1961, ch. 115, § 1, p. 172; am. 1974, ch. 27, § 1, p. 361; am. 1998, ch. 272, § 1, p. 902; am. 

§ 98, p. 811; am. 1974, ch. 203, § 1, p. 1523; 1999, ch. 170, § 2, p. 459; am. 2000, ch. 315, 

am. 1977, ch. 66, § 1, p. 126; am. 1982, ch. 79, § 3, p . 1059; am. 2005, ch. 70, § 2, p. 244; am. 

§ 1, p. 147; am. 1982, ch. 95, § 14, p. 185; am. 2 008, ch. 409, § 4, p. 1130; am. 2009, ch. 157, 

1983, ch. 255, § 2, p. 674; am. 1987, ch. 194, § g, p. 458; am. 2012, ch. 86, § 1, p. 243. 
§ 1, p. 404; am. 1988, ch. 105, § 1, p. 193; am. 

STATUTORY NOTES 

Amendments. equipment, lawn and grounds equipment" in 

The 2009 amendment, by ch. 157, rewrote the first sentence in subsection (2). 

subsections (3) through (5) to the extent that 

a detailed comparison is impracticable. Effective Dates. 

The 2012 amendment, by ch. 86, inserted Section 17 of S.L. 2009, ch. 157 declared an 

"other construction equipment, forestry emergency. Approved April 9, 2009. 

JUDICIAL DECISIONS 

Bankruptcy. and snow removal operations, but was of no 

This section provides for an exemption from use to Chapter 7 debtors claiming to exempt 

the license and registration requirements for their ATV as a motor vehicle. In re Bosworth, 

ATVs used exclusively for agricultural, ranch 449 B.R. 104 (Bankr. D. Idaho 2011). 

49-428. Display of plate and stickers. — (1) License plates assigned 
to a motor vehicle shall be attached, one (1) in the front and the other in the 
rear, with the exception of the following: 



49-432 MOTOR VEHICLES 90 

(a) The license plate assigned to a motorcycle, all-terrain vehicle, utility 
type vehicle, motorbike or semitrailer and the license plate assigned to a 
motor vehicle operated by a manufacturer, repossession agent or dealer 
shall be attached to the rear. 

(b) Vehicles displaying year of manufacture, old timer, classic car or 
street rod license plates shall be allowed to display one (1) plate attached 
to the rear of the vehicle. 

(c) The license plate attached to a tractor shall be attached to the front. 

(d) The wrecker plate shall be displayed on the vehicle being towed in 
such a manner as to be visible when the vehicle being towed is approached 
from the rear. 

License plates shall be displayed during the current registration year. The 
annual registration sticker for the current registration year shall be 
displayed on each license plate, except for trailers and semitrailers on 
extended registration under the provisions of section 49-434, Idaho Code. 
For the purposes of this title, the license plates together with the registra- 
tion stickers shall be considered as license plates for the year designated on 
the registration sticker. 

(2) Every license plate shall at all times be securely fastened to the 
vehicle to which it is assigned to prevent the plate from swinging, be at a 
height not less than twelve (12) inches from the ground, measuring from the 
bottom of the plate, be in a place and position to be clearly visible, and shall 
be maintained free from foreign materials and in a condition to be clearly 
legible, and all registration stickers shall be securely attached to the license 
plates and shall be displayed as provided in section 49-443(4), Idaho Code. 

History. am. 1990, ch. 391, § 3, p. 1092; am. 1992, ch. 

1927, ch. 244, § 14, p. 374; I.C.A., § 48-114; 35, § 18, p. 99; am. 1998, ch. 392, § 9, p. 1197; 

am. 1957, ch. 7, § 1, p. 9; am. 1963, ch. 53, am. 2008, ch. 409, § 5, p. 1132; am. 2009, ch. 

§ 1, p. 218; am. 1967, ch. 428, § 3, p. 1245; 287, § 2, p. 860. 
am. and redesig. 1988, ch. 265, § 90, p. 549; 

STATUTORY NOTES 

Amendments. 

The 2009 amendment, by ch. 287, added 
subsection (l)(d). 

JUDICIAL DECISIONS 

Constitutionality. plate from swinging clearly provided notice to 

Where a trooper stopped defendant's vehi- the driver that fastening a license plate in a 

cle due to the improper display of his license manner that did not prevent it from swinging 

plate, which was fastened with one bolt and violated the statute. State v. Martin, 148 

hung at a 30-degree angle, defendant's argu- Idaho 31, 218 P.3d 10 (Ct. App. 2009). 
ment that this section was vague as applied to 

him failed; the plain and obvious meaning of Cited in: State v. Horton, 150 Idaho 300, 

the statutory requirement that a plate be 246 P.3d 673 (Ct. App. 2010). 
securely fastened to the vehicle to prevent the 

49-432. Temporary registration for residents and nonresidents 
— Fees. — (1) When a vehicle or combination of vehicles subject to 
registration is to be moved upon the public highways in the state of Idaho, 



91 MOTOR VEHICLE REGISTRATION 49-432 

the department may issue a permit in lieu of registration for any vehicle or 
combination of vehicles upon the payment of a fee as set forth in the 
following schedule: 

(a) One hundred twenty (120) hour permit 

Single vehicle $60.00 

Combination of vehicles, where such combination of vehicles includes 
more than one (1) unregistered vehicle $120.00 

(b) Fuel permit $60.00 

(c) Thirty (30) day unladen weight permit $60.00 

An owner-operator vehicle moving between lessee fleets where the vehicle 
registration was issued in the name of the former lessee shall be eligible 
for a thirty (30) day unladen weight permit for the unladen movement 
from the point of entry into the state to the destination of the new lessee's 
place of business. 

If an annual registration is purchased within thirty (30) calendar days of 
issuance of a permit under paragraph (a) or (c) of this subsection (1), the 
amount of the permit fee shall be applied to the registration fee. No portion 
of a permit fee is subject to refund. 

(2) Permits to operate a vehicle or combination of vehicles in excess of the 
registered maximum gross vehicle weight up to a maximum of one hundred 
twenty-nine thousand (129,000) pounds gross vehicle weight shall be: 

(a) One hundred twenty (120) hour permit to increase gross weight 
$50.00 

(b) Thirty (30) day permit to increase gross vehicle weight: 

Maximum Registered Temporary Permitted 

Gross Weight of Vehicle Maximum Gross Weight 

(Pounds) (Pounds) 

80,000 86,000 96,000 106,000 116,000 129,000 

50,001-60,000 $225 $250 $275 $300 $325 $350 

The permit issued pursuant to this subsection (2) shall be specific to the 
motor vehicle to which it is issued. No permit or fee shall be transferable or 
apportionable to any other vehicle, nor shall any such fee be refundable. At 
the time of purchasing a permit, the applicant may purchase additional 
permits in any combination which does not exceed a maximum of ninety (90) 
days. 

(3) Permits issued pursuant to subsection (1) or (2) of this section shall be 
limited to three (3) per vehicle in a calendar year except for those permits 
provided for in subsection (1Kb) and (c). The provisions of this subsection (3) 
with respect to limiting the number of permits issued shall not apply to 
transporters and wreckers as defined in sections 49-121 and 49-124, Idaho 
Code, or to laden dealer and manufacturer plates as provided for in sections 
49-411(4) and 49-1627(5), Idaho Code. 

(4) A temporary permit shall be in a form, and issued under rules adopted 
by the board, and shall be displayed at all times while the vehicle is being 
operated on the highways by posting the permit upon the windshield of each 
vehicle or in another prominent place, where it may be readily legible. 



49-434 



MOTOR VEHICLES 



92 



(5) Any permit issued pursuant to subsection (2) of this section shall be 
purchased prior to movement of the vehicle on a highway, and such permit 
shall be in addition to and available only to a vehicle which is currently and 
validly registered in Idaho pursuant to section 49-432(1), 49-434(1), 49- 
434(8)(c) or 49-435, Idaho Code. 

(6) The department may select vendors to serve as agents on state 
highways for the purpose of selling permits where fixed ports of entry do not 
adequately serve a respective highway entering the state. The vendor shall 
be remunerated at the rate of three dollars ($3.00) per permit sold, and he 
shall collect the fees specified in this section and pay the fees to the 
department. The vendor shall guarantee payment by giving a bond to the 
state in a sum as shall be fixed by the board, the premium on the bond to be 
paid by the department. 



History. 

1927, ch. 244, § 19, p. 374; am. 1929, ch. 
195, § 4, p. 362; I.C.A., § 48-120; am. 1933, 
ch. 126, § 1, p. 195; am. 1937, ch. 120, § 1, p. 
179; am. 1939, ch. 66, § 1, p. 116; am. 1950 
(E.S.), ch. 81, § 1, p. 108; am. 1951, ch. 119, 
§ 7, p. 273; am. 1953, ch. 261, § 8, p. 425; am. 
1955, ch. 137, § 1, p. 277; am. 1957, ch. 19, 
§ 1, p. 23; am. 1963, ch. 421, § 1, p. 1095; am. 
1974, ch. 27, § 93, p. 811; am. 1976, ch. 99, 
§ 1, p. 420; am. 1980, ch. 284, § 1, p. 753; am. 



1981, ch. 12, § 1, p. 21; am. 1982, ch. 95, § 8, 
p. 185; am. 1984, ch. 87, § 15, p. 169; am. 
1984, ch. 195, § 11, p. 445; am. and redesig. 
1988, ch. 265, § 94, p. 549; am. 1998, ch. 265, 
§ 1, p. 875; am. 2001, ch. 176, § 1, p. 599; am. 
2001, ch. 355, § 2, p. 1242; am. 2003, ch. 315, 
§ 1, p. 859; am. 2006, ch. 58, § 1, p. 182; am. 
2008, ch. 336, § 1, p. 924; am. 2009, ch. 336, 
§ 1, p. 973; am. 2010, ch. 330, § 1, p. 876; am. 
2011, ch. 72, § 2, p. 152. 



STATUTORY NOTES 



Amendments. 

The 2009 amendment, by ch. 336, added 
subsection (3) and redesignated the subse- 
quent subsections accordingly. 

The 2010 amendment, by ch. 330, inserted 
"where such combination of vehicles includes 
more than one (1) unregistered vehicles" in 
paragraph (l)(a). 



The 2011 amendment, by ch. 72, added "or 
to laden dealer and manufacturer plates as 
provided for in sections 49-411(4) and 49- 
1627(5), Idaho Code" at the end of subsection 

(3). 



49-434. Operating fees. — (1) There shall be paid on all commercial 
vehicles, noncommercial vehicles, and on all farm vehicles having a maxi- 
mum gross weight not in excess of sixty thousand (60,000) pounds, an 
annual registration fee in accordance with the following schedule. 

Unladen Weight for Wreckers Annual Registration Fee 

Maximum Gross Weight Noncommercial and Commercial 

For Other Vehicles (Pounds) Farm Vehicles Vehicles 

and Wreckers 

8,001-16,000 inc $ 48.00 $ 48.00 

16,001-26,000 inc 61.08 143.40 

26,001-30,000 inc 91.68 223.80 

30,001-40,000 inc 130.08 291.60 

40,001-50,000 inc 188.28 360.00 

50,001-60,000 inc 311.88 515.40 

(2) There shall be paid on all commercial vehicles, irrespective of body 
type, and on all farm vehicles having a maximum gross weight in excess of 



93 MOTOR VEHICLE REGISTRATION 49-434 

sixty thousand (60,000) pounds, an annual registration fee in the amount 
prescribed by subsection (8) of this section, as applicable. 

(3) In addition, the annual registration fee for trailers shall be: 

(a) Trailer or semitrailer in a combination of vehicles $15.00 

(b) Rental utility trailer with a gross weight of two thousand 

(2,000) pounds or less $8.00 

(c) Rental utility trailer with a gross weight over two thousand 
(2,000) pounds $15.00 

(4) As an option to the trailer and semitrailer and rental utility trailer 
annual registrations issued pursuant to subsection (3) of this section, the 
department may provide a nonexpiring plate and registration for trailers 
and semitrailers, and an optional, extended registration for rental utility 
trailers. 

(a) For trailers and semitrailers, the nonexpiring registration fee shall be 
one hundred five dollars ($105). The license plate shall remain on the 
trailer or semitrailer until the registration is canceled or revoked. No part 
of the fee is subject to refund. However, the registrant may transfer the 
nonexpiring plate and registration to another trailer or semitrailer titled 
to the registrant if the original registration date is prior to July 1, 2009. 
The registration document shall be the official record of the status of the 
nonexpiring registration and no registration fee shall be required after 
the initial registration is paid. No validation sticker shall be required or 
issued for such nonexpiring license plate. 

(i) Registration of a trailer or semitrailer based in another jurisdiction 
may be issued when the registrant provides a valid jurisdiction title or 
ownership document and certification statement, and no title transfer 
will be required. 

(ii) Periodic verification will be made to confirm ownership status. 
Failure of the owner to comply with the verification request to confirm 
ownership within thirty (30) days, shall result in cancellation of the 
permanent plate registration. 

(b) For rental utility trailers, the registrant may prepay the annual 
registration for an additional one (1), two (2), three (3) or four (4) years, 
but in no event shall the optional registration period extend beyond five 

(5) years. The fee shall be as specified in subsection (3)(b) or (c) of this 
section. A pressure-sensitive sticker shall be used to validate the license 
plate. The license plate shall become void if the owner's interest in the 
rental utility trailer changes during the five (5) year period. If the owner 
fails to enter the rental utility trailer on the annual renewal application 
during the five (5) year period, the registration record shall be purged. 
Any unrenewed plate shall be returned to the department if it is not 
entered on the renewal application. 

(5) A fleet registration option is available to owners who have twenty-five 
(25) or more commercial or farm vehicles or any combination thereof. Such 
owners may register all of their company vehicles with the department in 
lieu of registering with a county assessor. To qualify the fleet must be owned 
and operated under the unified control of one (1) person and the vehicles 
must be physically garaged and maintained in two (2) or more counties. 



49-434 MOTOR VEHICLES 94 

Fleet registration shall not include fleets of rental vehicles. The department 
shall provide a registration application to the owner and the owner shall 
provide all information that the department determines is necessary. The 
department shall devise a special license plate numbering system for 
fleet-registered vehicles as an alternative to county license plates. The fleet 
registration application and all subsequent registration renewals shall 
include the physical address where a vehicle is principally used, garaged 
and maintained. The fleet owner shall report the physical address to the 
department upon initial registration, on each renewal, and at any time a 
vehicle registered under this option is permanently transferred to another 
location. 

(6) If the ownership of a vehicle changes during the registration period, 
the original owner may transfer the plate to another vehicle. The remaining 
fee shall be credited against the cost of the new registration. Refunds may 
be given for any unexpired portion of the vehicle registration fee if the plate 
is not transferred by the owner to another vehicle. Any request for refund 
shall include surrender of the license plate, validation sticker and registra- 
tion document. Owners of vehicles registered under the international 
registration plan may request a refund of the unexpired portion of the Idaho 
vehicle registration fee by presenting evidence from the base jurisdiction 
that the license plate, validation sticker and registration document have 
been surrendered. A license plate shall not be transferred to another owner 
when the ownership of a vehicle changes. The owner shall obtain a 
replacement plate, validation sticker if required, and a registration docu- 
ment when a plate is lost, destroyed or becomes illegible. 

(7) An administrative fee of four dollars ($4.00) shall be paid and 
deposited to the state highway account on all registrations completed by the 
department under subsection (1) or (8)(a) of this section. Vehicles registered 
under subsection (8Kb) of this section shall pay the fee provided in section 
49-435(2), Idaho Code. 

(8) There shall be paid on all commercial and farm vehicles having a 
maximum gross weight in excess of sixty thousand (60,000) pounds, a 
registration fee based upon the maximum gross weight of a vehicle as 
declared by the owner and the total number of miles driven on roads and 
highways in the state, county, city and highway district systems in Idaho, 
and if registered under the international registration plan (IRP), in all other 
jurisdictions. The appropriate registration fee shall be determined as 
follows: 

(a) If the owner registers vehicles under the international registration 
plan (IRP), the appropriate mileage column shall be determined by the 
total miles an owner operated a fleet of vehicles on roads and highways in 
the state, county, city and highway district systems in Idaho and in all 
other jurisdictions in the preceding year, as defined in section 49-117, 
Idaho Code, and by the maximum gross weight of each vehicle within a 
fleet. 

(b) If the owner registers vehicles under the international registration 
plan and determines that the average international registration plan fleet 
miles, calculated by dividing the total IRP fleet miles in all jurisdictions 



95 MOTOR VEHICLE REGISTRATION 49-434 

by the number of registered vehicles, is less than fifty thousand one 
(50,001) miles, the owner may apply to the department for refund of a 
portion of the registration fees paid, consistent with the fee schedules set 
forth in this section. The department shall provide an application for the 
refund. An owner making application for refund under this section shall 
be subject to auditing as provided in section 49-439, Idaho Code. 
(c) If the owner is not registering vehicles under the international 
registration plan, the appropriate mileage column shall be determined by 
the total miles the owner operated each of the vehicles to be registered on 
roads and highways in the state, county, city and highway district systems 
in Idaho in the preceding year and by the maximum gross weight of each 
vehicle. 



Maximum Gross 












Weight of Vehicle 




Total Miles Driven 




(Pounds) 














1 to 


7,501 to 


20,001 to 


35,001 to 


Over 




7,500 


20,000 


35,000 


50,000 


50,000 


60,001-62,000 


$223 


$ 511 


$ 789 


$1,068 


$1,560 


62,001-64,000 


$251 


$ 576 


$ 890 


$1,205 


$1,760 


64,001-66,000 


$280 


$ 642 


$ 992 


$1,342 


$1,960 


66,001-68,000 


$309 


$ 707 


$1,093 


$1,479 


$2,160 


68,001-70,000 


$337 


$ 773 


$1,194 


$1,615 


$2,360 


70,001-72,000 


$366 


$ 838 


$1,295 


$1,752 


$2,560 


72,001-74,000 


$394 


$ 904 


$1,396 


$1,889 


$2,760 


74,001-76,000 


$423 


$ 969 


$1,498 


$2,026 


$2,960 


76,001-78,000 


$451 


$1,035 


$1,599 


$2,163 


$3,160 


78,001-80,000 


$480 


$1,100 


$1,700 


$2,300 


$3,360 


80,001-82,000 


$494 


$1,133 


$1,751 


$2,368 


$3,460 


82,001-84,000 


$509 


$1,165 


$1,801 


$2,437 


$3,560 


84,001-86,000 


$523 


$1,198 


$1,852 


$2,505 


$3,660 


86,001-88,000 


$537 


$1,231 


$1,902 


$2,574 


$3,760 


88,001-90,000 


$551 


$1,264 


$1,953 


$2,642 


$3,860 


90,001-92,000 


$566 


$1,296 


$2,004 


$2,711 


$3,960 


92,001-94,000 


$580 


$1,329 


$2,054 


$2,779 


$4,060 


94,001-96,000 


$594 


$1,362 


$2,105 


$2,848 


$4,160 


96,001-98,000 


$609 


$1,395 


$2,155 


$2,916 


$4,260 


98,001-100,000 


$623 


$1,427 


$2,206 


$2,985 


$4,360 


100,001-102,000 


$637 


$1,460 


$2,257 


$3,053 


$4,460 


102,001-104,000 


$651 


$1,493 


$2,307 


$3,121 


$4,560 


104,001-106,000 


$666 


$1,526 


$2,358 


$3,190 


$4,660 


106,001-108,000 


$680 


$1,558 


$2,408 


$3,258 


$4,760 


108,001-110,000 


$694 


$1,591 


$2,459 


$3,327 


$4,860 


110,001-112,000 


$709 


$1,624 


$2,510 


$3,395 


$4,960 


112,001-114,000 


$723 


$1,657 


$2,560 


$3,464 


$5,060 


114,001-116,000 


$737 


$1,689 


$2,611 


$3,532 


$5,160 


116,001-118,000 


$751 


$1,722 


$2,661 


$3,601 


$5,260 


118,001-120,000 


$766 


$1,755 


$2,712 


$3,669 


$5,360 


120,001-122,000 


$780 


$1,788 


$2,763 


$3,738 


$5,460 


122,001-124,000 


$794 


$1,820 


$2,813 


$3,806 


$5,560 


124,001-126,000 


$809 


$1,853 


$2,864 


$3,874 


$5,660 


126,001-128,000 


$823 


$1,886 


$2,914 


$3,943 


$5,760 


128,001-129,000 


$837 


$1,918 


$2,965 


$4,011 


$5,860 



(d) In addition to the fees set forth in paragraphs (a) and (c) of this 



49-434 MOTOR VEHICLES 96 

subsection (8), an owner or operator may purchase a temporary permit as 
provided in section 49-432(2), Idaho Code, for operation of a vehicle at a 
weight in excess of the current, valid, registered maximum gross vehicle 
weight. The permit so issued shall be specific to the motor vehicle to which 
it is issued. No permit or fee shall be transferable or apportionable to any 
other vehicle, nor shall any such fee be refundable. 

(e) Any commercial or farm vehicle registered for more than sixty 
thousand (60,000) pounds up to one hundred six thousand (106,000) 
pounds traveling fewer than two thousand five hundred (2,500) miles 
annually on roads and highways in the state, county, city and highway 
district systems in Idaho shall pay an annual registration fee of two 
hundred fifty-five dollars ($255). The provisions of section 49-437(2), 
Idaho Code, shall not apply to vehicles registered under this subsection 
(8)(e). 

(9)(a) During the first registration year that the fee schedule in subsec- 
tion (8)(c) of this section is in use, an owner shall use the mileage data 
from the records used to report the mileage use fee in the immediately 
preceding year as the basis for determining the appropriate registration 
fee schedule. 

(b) Any owner who registers a motor vehicle for the first time and who 
has no mileage history for the vehicle shall estimate the miles to 
determine the appropriate fee schedule in subsection (8)(c) of this section. 
When estimating the miles, the owner shall provide a statement on the 
application of the method used to arrive at the estimated miles. 

(c) Any owner using any fee schedule other than the highest fee schedule 
under subsection (8)(c) of this section, shall certify at the time of 
registration that the miles operated in the preceding year do not exceed 
the schedule applied for. Any owner using a fee schedule under subsection 
(8)(c) of this section that is less than the highest schedule shall maintain 
records to substantiate the use of the schedule as required by section 
49-439, Idaho Code. 

(10) An owner registering under subsection (8)(a) or (8)(c) of this section 
may elect to pay the full annual registration fee at the time of registration 
or renewal of registration, or an owner may pay at least one-quarter (¥*) of 
the annual registration fee due. The remainder of the annual Idaho 
registration fee shall be paid in three (3) equal installments on dates as 
billed by the department. 

(11) An owner registering or renewing a registration under subsection 
(8)(a) of this section electing to use installment payments as provided in 
subsection (10) of this section, shall pay all of the fees due to other IRP 
jurisdictions in addition to one-quarter (Va) of the Idaho fee due at the time 
of registration or reregistration. The remainder of the annual Idaho regis- 
tration fee shall be paid in three (3) equal installments on dates as billed by 
the department. 

(12) If any vehicle or combinations of vehicles haul nonreducible loads, as 
authorized under the provisions of section 49-1004, Idaho Code, and weigh 
less than the starting weights per axle configuration listed in column 1 of 
subsection (2), section 49-1004, Idaho Code, then and in that event there 



97 MOTOR VEHICLE REGISTRATION 49-454 

shall be paid for that vehicle, in addition to the other fees required in this 
section, an additional use fee of 2.1 mills per mile for each two thousand 
(2,000) pounds or fraction thereof of the maximum gross weight in excess of 
those set forth in section 49-1001, Idaho Code. 

History. am. 1993, ch. 399, § 1, p. 1463; am. 1994, ch. 

I.C., § 49-127, as added by 1984, ch. 195, 246, § 3, p. 766; am. 1994, ch. 311, § 2, p. 977; 

§ 14, p. 445; am. 1986, ch. 135, § 1, p. 362; am. 1997, ch. 51, § 1, p. 85; am. 1998, ch. 108, 

am. 1987, ch. 361, § 3, p. 794; am. and § i, p . 367; am. 1998, ch. 392, § 11, p. 1197; 

redesig. 1988, ch. 265, § 96, p. 549; am. 1988, am> 2 000, ch. 62, p. 134; am. 2000, ch. 418, 

Ch -iL 3 n 7 ' § *' fno? 03 l ai ?;o 198 s 9 '/ h - 3 o 10 ' § 18 ' § 7, P- 1331; am. 2001, ch. 73, § 11, p. 154; 

^JnYTavT,' Ch JJ 8 ' § 6 i'<Si *¥ ™ am - 2001 > ch - 185 > § 1. P- 643 am - 2001, ch! 

l" 9 ° ' C ^ Q 197 ' § ?> P- 4 l 9 >Jr, V? 1, qq ' 353 > § !> P- 1235 5 am - 2001 > ch - 355 > § 3 > p- 

§ 2, p. 769; am. 1992, ch. 35, § 21, p. 99; am. 19/l k ' ^ onn7 \ OQ s i ' A i. „i onno 

moo u oco s 1 iron 1 nc\n u or>i lz4z; am. 200 / , ch. 2,6, § 1, p. 41; am. 2009, 

1992, ch. 253, § 1, p. 737; am. 1992, ch. 261, , ' n s Q ' »»_»** » » 

§ 19, p. 755; am. 1993, ch. 273, § 1, p. 913; cn " dc5U ' § *> p " y4Z - 

STATUTORY NOTES 

Amendments. paragraph in subsection (4)(a) to the extent 

The 2009 amendment, by ch. 330, in the that a detailed comparison is impracticable; 

introductory paragraph in subsection (4), in- and added subsections (4)(a)(i) and (4)(a)(ii). 
serted "plate and"; rewrote the introductory 

49-451. Vehicle license cost recovery fee — Limitations. — (1) A 

car rental company may include separately stated surcharges, fees or 
charges in a rental agreement, which may include, but shall not be limited 
to, vehicle license cost recovery fees, airport access fees, airport concession 
fees and all applicable taxes. 

(2) If a car rental company includes a vehicle license cost recovery fee as 
a separately stated charge in a rental transaction, the amount of the fee 
shall represent the car rental company's good-faith estimate of the car 
rental company's daily charge as calculated by the car rental company to 
recover its actual total annual motor vehicle licensing, titling, registration, 
plating and inspection costs. 

(3) If the total amount of the vehicle license cost recovery fees collected by 
a car rental company under this section in any calendar year exceeds the car 
rental company's actual costs to license, title, register and plate motor 
vehicles and have the same inspected for that calendar year, the car rental 
company shall retain the excess amount and adjust the estimated average 
per vehicle licensing, titling, registration, plating and inspection charge for 
the following calendar year by a corresponding amount. 

(4) For purposes of this section, "vehicle license cost recovery fee" means 
a charge that may be separately stated and charged on the rental contract 
in a vehicle rental transaction originating in this state to recover costs 
incurred by a car rental company to license, title, register, plate and inspect 
rental vehicles. 

History. 

I.C., § 49-451, as added by 2010, ch. 262, 
§ 1, p. 664. 

49-454. Project choice fee. — (1) A project choice program fee of three 



49-456 MOTOR VEHICLES 98 

dollars ($3.00) shall be collected in addition to each registration fee assessed 
pursuant to section 49-402(1), (2) or (3), 49-411, 49-412 or 49-434(1), Idaho 
Code. Such fees shall be deposited to the Idaho law enforcement fund 
established in section 67-2914, Idaho Code. 

(2) The project choice program fee shall be collected and deposited 
pursuant to subsection (1) of this section for registrations for calendar year 
2007 and thereafter. 

(3) The project choice fee shall be used, subject to appropriation, exclu- 
sively for the purposes of creating a career ladder within the Idaho state 
police and to provide salaries to encourage the hiring and retention of 
trained and qualified employees for Idaho state police positions. Idaho state 
police personnel who have participated in and benefited from the use of the 
project choice fee, as of July 1, 2010, shall continue to participate in and 
benefit from the project choice fee while employed by the Idaho state police. 
Provided however, that beginning July 1, 2010, the use of the project choice 
fee shall be restricted in the following manner: the project choice fee shall be 
used exclusively for the purposes of creating a career ladder for commis- 
sioned officers, dispatch personnel and forensic personnel within the Idaho 
state police; and to provide salaries to encourage the hiring and retention of 
trained and qualified commissioned officers, dispatch personnel and forensic 
personnel. 

History. 

I.C., § 49-454, as added by 2006, ch. 227, 
§ 1, p. 679; am. 2010, ch. 177, § 1, p. 365. 

STATUTORY NOTES 

Amendments. 

The 2010 amendment, by ch. 177, added the 
last two sentences in subsection (3). 

49-456. Violations of registration provisions. — It shall be unlawful 
for any person: 

(1) To operate or for the owner to permit the operation upon a highway of 
any motor vehicle, trailer or semitrailer which is not registered and which 
does not have attached and displayed the license plates assigned to it for the 
current registration year, subject to the exemptions allowed in sections 
49-426, 49-431 and 49-432, Idaho Code. 

(2) To operate or for the owner to permit the operation on state and 
federal lands or upon highways, or sections of highways, as permitted under 
section 49-426(3) and (4), Idaho Code, any all-terrain vehicle, utility type 
vehicle or motorbike that does not have a valid and properly displayed 
restricted license plate issued pursuant to this chapter and attached 
registration sticker issued pursuant to section 67-7122, Idaho Code, subject 
to the exemptions allowed in section 49-426(2), Idaho Code. 

(3) To display or cause or permit to be displayed, or to have in possession 
any registration card or license plate knowing the same to be fictitious or to 
have been canceled, revoked, suspended or altered. 

(4) To lend or knowingly permit the use by one not entitled to any 



99 VEHICLE TITLES 49-502 

registration card or license plate issued to the person so lending or 
permitting that use. 

(5) To fail or refuse to surrender to the department, upon demand, any 
registration card or license plate which has been suspended, canceled or 
revoked. 

(6) To use a false or fictitious name or address in any application for the 
registration of any vehicle or for any renewal or duplicate, or knowingly to 
make a false statement or conceal a material fact or otherwise commit a 
fraud in any application. 

History. 235; am. and redesig. 1988, ch. 265, § 114, p. 

1927, ch. 244, § 24, p. 374; I.C.A., § 48-125; 549; am. 1992, ch. 35, § 31, p. 99; am. 2008, 

am. 1951, ch. 119, § 9, p. 273; am. 1953, ch. ch. 409, § 7, p. 1134; am. 2009, ch. 157, § 9, p. 

261, § 10, p. 425; am. 1969, ch. 82, § 1, p. 458. 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2009 amendment, by ch. 157, deleted Section 17 of S.L. 2009, ch. 157 declared an 

"public" preceding "lands" near the beginning emergency. Approved April 9, 2009. 
of subsection (2). 

CHAPTER 5 
VEHICLE TITLES 

SECTION. SECTION. 

49-502. Delivery of certificate of title upon 49-523. Procedure when department unsatis- 

sale or disposition — Reas- fied as to ownership or secu- 

signment by dealers. rity interests — Temporary 

49-504. Applications to department for certif- registration procedure. 

icates — Procedure — Identi- 49-524. Salvage certificate of ownership or 

fixation numbers. electronic file to replace certif- 

49-509. Stolen vehicles — Reporting by offi- icate of title or certificate of 

cers. origin on vehicles. 

49-502. Delivery of certificate of title upon sale or disposition — 
Reassignment by dealers. — (1) No person shall sell or otherwise dispose 
of a vehicle without delivery to the purchaser or transferee a certificate of 
title with an assignment as necessary to show title in the purchaser or 
transferee. 

(2) The owner shown on the records of the department of any vehicle that 
is at least ten (10) years old or over sixteen thousand (16,000) pounds gross 
vehicle weight or has no odometer device, or of any vessel whose certificate 
of title has become lost, mutilated or illegible, may dispose of such vehicle or 
vessel by delivering to the purchaser or transferee a completed application 
for duplicate title, together with an assignment as necessary to show title in 
the purchaser or transferee. To obtain a certificate of title, the purchaser or 
transferee shall pay the fees pursuant to section 49-202(2)(b) and (c), Idaho 
Code. 

(3) No person shall purchase or otherwise acquire or bring into the state 
a vehicle except for temporary use as provided by section 49-432, Idaho 



49-503 MOTOR VEHICLES 100 

Code, unless he shall obtain a certificate of title in his name in accordance 
with the provisions of this chapter. 

(4) Any dealer holding current Idaho dealer license plates may, in lieu of 
having a certificate of title issued in his name, reassign either any existing 
certificate of title issued in this state or any application of duplicate 
certificate of title completed pursuant to subsection (2) of this section. 

History. 144, § 3, p. 282; am. and redesig. 1988, ch. 

I.C.A., § 48-402a, as added by 1941, ch. 265, § 117, p. 549; am. 2010, ch. 36, § l,p.66. 

STATUTORY NOTES 

Amendments. in subsection (3), added "No person shall" at 

The 2010 amendment, by ch. 36, designated the beginning; and, in subsection (4), inserted 

the former first sentence as subsections (1) "either" following "reassign" and added "or 

and (3); added subsection (2); designated the any application of duplicate certificate of title 

former last sentence as subsection (4); in completed pursuant to subsection (2) of this 

subsection (1), added "transferee" at the end; section" at the end. 

JUDICIAL DECISIONS 

Ownership Interest in Title. "or" the debtor as owners. The mother's at- 

Mobile home a debtor's mother purchased tempt to transfer title to a third person had no 

became part of the debtor's bankruptcy estate legal effect. Gugino v. Jones (in re Antonie), — 

when the debtor declared Chapter 7 bank- Bankr. — , 2011 Bankr. LEXIS 4549 (Bankr. 

ruptcy because the mother obtained title from D. Idaho Nov. 28, 2011). 
the State of Idaho which listed the mother 

49-503. Issuance of certificate of title requisite to acquisition of 
title — Waiver or estoppel. 

JUDICIAL DECISIONS 

Analysis 

Acquisition of title. 

Bankruptcy. 

Ownership interest in title. 

Acquisition of Title. utorily defined the equities by adopting a 
No party acquires an ownership interest in comprehensive system of registering owner- 
a titled boat until a certificate of title is issued ship interests in titled vehicles. In re Woods, 
by the state naming that party as the owner, 386 B.R. 758 (Bankr. D. Idaho 2008). 
even where the former owner had endorsed Although a bankruptcy debtor sold an all- 
the original certificate of title over to the new terrain vehicle (ATV) prior to filing a bank- 
owner and the new owner had taken posses- ruptcy petition> the sale was avoidable as an 
sion of the vessel. Mayer v. Froerer Farms, unaut horized postpetition transfer since the 
Inc. (In re Mayer) 2010 Bankr. LEXIS 2400 transferee did not obtain a new certificate of 
(Bankr. D. Idaho July 19, 2010). title prior to the bankruptcy , and thus, title to 
Bankruptcy. tne ATV remained in the debtor on the peti- 
Although debtors had attempted to sell a tion date and the ATV became property of the 
vehicle pre-petition, because the debtors were bankruptcy estate. Gugino v. Knezevich (In re 
still listed on the vehicle's certificate of title as Pegram), 395 B.R. 692 (Bankr. D. Idaho 
the owners on the petition date, it was prop- 2008). 

erty of the bankruptcy estate. The court re- Although a debtor's name was removed 

jected the purported buyers' argument that from a boat's title for no consideration at a 

the vehicle was held in a constructive trust time when he was insolvent, summary judg- 

because no court had imposed such a trust, ment was not granted in favor of a trustee in 

and, moreover, the Idaho legislature had stat- his action to avoid the transfer under 11 



101 VEHICLE TITLES 49-504 

U.S.C.S. § 548(a)(1)(B), as there was a ques- names so that the debtor could avoid probate 

tion of material fact concerning the value of if her mother predeceased her. Vehicle owner- 

the debtor's interest that was transferred to ship is determined exclusively by reference to 

the co-owner; the fact that under this section the names on the title certificate, and a lien 

and subsection (3) of § 67-7039 the debtor creditor was justified in assuming that the 

had the authority to sell the boat while his debtor held an ownership interest in her 

name was on the title, and gave up that right mother's truck. Hopkins v. Brasseaux (In re 

when his name was removed from the title, Saunders), 2008 Bankr. LEXIS 4868 (Bankr. 

required valuing the interest he transferred D. Idaho Feb. 25, 2008). 
and any gain he realized from the transfer in 

the form of decreased liability for such items Ownership Interest in Title. 

as maintenance and upkeep. Gugino v. Ortega When the state of Idaho issued a new 

(In re Pierce), 428 B.R. 524 (Bankr. D. Idaho certificate of title pursuant to this section and 

2010). subsection (3) of § 67-7039, changing the 

Chapter 7 trustee had the right to sell a ownership of a boat from a debtor and his 

vehicle which debtor's mother titled in her co-owner to just the co-owner, a transfer oc- 

name and the debtor's name, even though the curred for purposes of federal bankruptcy law. 

debtor did not know that her name was on the Gugino v. Ortega (In re Pierce), 428 B.R. 524 

title and the mother titled the vehicle in both (Bankr. D. Idaho 2010). 

49-504. Applications to department for certificates — Procedure 
— Identification numbers. — (1) Application for a certificate of title shall 
be made upon a form furnished by the department and shall contain the 
owner's Idaho driver's license number, Idaho identification card number or 
social security number. In the case of a business, the employer tax 
identification number is required. Every application shall also contain the 
owner's true and full legal name. In the event that the owner does not 
possess a social security number, Idaho driver's license number, or Idaho 
identification card number, the owner shall present written documentation 
sufficient to the department to determine that no social security number has 
been issued. In the event that a business, trust, or other statutorily created 
entity is not required to have and does not possess an employer tax 
identification number, the applicant shall provide a written statement 
certifying that the entity does not possess an employer tax identification 
number. The form must contain the owner's physical domicile address or in 
the case of a business, trust or other statutorily created entity, such entity's 
physical address and any mailing address if different from the physical 
address. If the owner has submitted an application pursuant to the 
provisions of chapter 58, title 19, Idaho Code, then the owner may state, in 
the application required pursuant to this section, the applicant's alternative 
Idaho mailing address in place of his or her physical domicile address. Such 
application must be signed by the owner and contain a full description of the 
vehicle including the make, identification numbers, and the odometer 
reading at the time of sale or transfer, and whether the vehicle is new or 
used, together with a statement of the applicant's title and of any liens or 
encumbrances upon the vehicle, and the name and address of the person to 
whom the certificate of title shall be delivered, and any other information as 
the department may require. The application shall be filed with the 
department, and if a certificate of title has previously been issued for that 
vehicle in this state, shall be accompanied by the certificate of title duly 
assigned, unless otherwise provided for in this chapter. The department 
may promulgate rules to provide for exceptions to the odometer require- 
ment. Social security numbers collected shall not appear on certificates of 



49-504 MOTOR VEHICLES 102 

title and all applications on file shall be exempt from disclosure, except as 
provided in sections 49-202, 49-203 and 49-203A, Idaho Code. 

(2) If a certificate of title has not previously been issued for the vehicle in 
this state, the application, unless otherwise provided for in this chapter, 
shall be accompanied by a proper bill of sale or a duly certified copy thereof, 
or by a certificate of title, bill of sale or other evidence of ownership required 
by the law of any other state from which the vehicle was brought into this 
state, and a vehicle identification number inspection completed by any city, 
county or state peace officer or other special agent authorized by the 
department. 

(3) In the case of a new vehicle being titled for the first time, no certificate 
of title or registration shall be issued unless the application is indorsed by 
a franchised new vehicle dealer licensed to sell a new vehicle. Each 
application shall be accompanied by a manufacturer's certificate of origin or 
manufacturer's statement of origin executed by the manufacturer and 
delivered to his agent or his franchised vehicle dealer. The certificate or 
statement of origin shall be in a form prescribed by the board and shall 
contain the year of manufacture or the model year of the vehicle, the 
manufacturer's vehicle identification number, the name of the manufac- 
turer, the number of cylinders, a general description of the body, if any, and 
the type or model. Upon sale of a new vehicle, the manufacturer, his agent 
or franchised dealer shall execute and deliver to the purchaser an assign- 
ment of the certificate or statement, together with any lien or encumbrance 
to which the vehicle is subject. 

(4) The department shall retain the evidence of title presented by the 
applicant and on which the certificate of title is issued. The department 
shall maintain an identification numbers index of registered vehicles, and 
upon receiving an application for a certificate of title, shall first check the 
identification number shown in the application against the index. The 
department, when satisfied that the applicant is the owner of the vehicle 
and that the application is in proper form, shall issue in the name of the 
owner of the vehicle a certificate of title bearing a title number, the date 
issued and a description of the vehicle as determined by the department, 
together with a statement of the owner's title and of all liens or encum- 
brances upon the vehicle, and whether possession is held by the owner 
under a lease, contract or conditional sale, or other like agreement. 

(5) In all cases of transfer of vehicles the application for certificates of 
title shall be filed within thirty (30) calendar days after the delivery of the 
vehicles. Licensed dealers need not apply for certificate of title for vehicles 
in stock or when they are acquired for stock purposes. 

(6) In the case of the sale of a vehicle by a dealer to a general purchaser 
or user, the certificate of title shall be obtained in the name of the purchaser 
by the dealer upon application signed by the purchaser. If a lien is to be 
recorded, the title documentation as required in this section shall be 
submitted to the department by the dealer or the lienholder upon applica- 
tion signed by the purchaser. A copy of this application shall be given to the 
purchaser to be used as a seventy-two (72) hour temporary permit. In all 
other cases the certificates shall be obtained by the purchaser and the 



103 



VEHICLE TITLES 



49-504 



seller's bill of sale shall serve as a seventy-two (72) hour permit. The 
seventy- two (72) hour time period for temporary permits shall be calculated 
excluding weekend days and legal holidays observed by the state of Idaho. 
This temporary permit allows operation of any noncommercial vehicle or 
unladened commercial vehicle or vehicle combination without license plates 
for the period of time specified in the permit. A ladened commercial vehicle 
or vehicle combination may also operate without license plates for the period 
of time specified in the temporary permit provided that the owner or 
operator has also obtained a permit issued under the provisions of section 
49-432, Idaho Code. 

(7) If the vehicle has no identification number, then the department shall 
designate an identification number for that vehicle at the time of issuance of 
the certificate of title. The identification number shall be permanently 
affixed to or indented upon the frame of the vehicle and legibly maintained 
by the owner at all times while a certificate of title to the vehicle shall be 
issued and outstanding. 



History. 

I.C.A., § 48-402c, as added by 1941, ch. 
144, § 3, p. 282; am. 1949, ch. 213, § 2, p. 
452; am. 1955, ch. 71, § 4, p. 138; am. 1974, 
ch. 27, § 120, p. 811; am 1980, ch. 267, § 1, p. 
702; am. 1982, ch. 95, § 60, p. 185; am. 1984, 
ch. 143, § 2, p. 334; am. 1987, ch. 195, § 1, p. 



405; am. and redesig. 1988, ch. 265, § 119, p. 
549; am. 1989, ch. 35, § 1, p. 44; am. 1991, ch. 
153, § 1, p. 361; am. 1993, ch. 321, § 1, p. 
1179; am. 2000, ch. 55, § 1, p. 109; am. 2000, 
ch. 418, § 14, p. 1331; am. 2009, ch. 141, § 2, 
p. 424; am. 2010, ch. 225, § 6, p. 501; am. 
2010, ch. 258, § 2, p. 658. 



STATUTORY NOTES 



Amendments. 

The 2009 amendment, by ch. 141, in sub- 
section (1), rewrote the first sentence and 
added the second, third, fourth, fifth, and last 
sentences. 

This section was amended by two 2010 acts 
which appear to be compatible and have been 
compiled together. 

The 2010 amendment, by ch. 225, added the 
sixth sentence in subsection (1). 

The 2010 amendment, by ch. 258, in sub- 



section (1), added the fifth sentence; and in 
the sixth sentence, inserted "trust or other 
statutorily created entity," and substituted 
"such entity's physical address" for "the busi- 
ness' physical address." 

Effective Dates. 

Section 8 of S.L. 2010, ch. 225 provided that 
the act should take effect on and after Janu- 
ary 1, 2011. 

Section 3 of S.L. 2010, ch. 258 declared an 
emergency. Approved April 8, 2010. 



Federal bankruptcy law. 
Vin index. 



JUDICIAL DECISIONS 

Analysis 



Federal Bankruptcy Law. 

Where a lender's perfection of its security 
interest 21 days after the debtors' car pur- 
chase was timely under Idaho law, the trustee 
could avoid the transfer of the security inter- 
est to lender because perfection was one day 
late under federal bankruptcy provisions. 
USAA Fed. Sav. Bank v. Thacker (In re Tay- 
lor), 599 F.3d 880 (9th Cir. 2010). 

VIN Index. 

Creditor's security interest in a debtor's 



vehicle was perfected under this section and 
§ 49-510, despite a one-character typograph- 
ical error in the debtor's name on the certifi- 
cate of title, because the vehicle identification 
number (VIN) registry, the department of 
transportation's required indexing protocol, 
indexed the certificate under the correct VIN 
and showed the creditor as the lien creditor. 
Gugino v. GMAC (In re Laursen), 391 B.R. 47 
(Bankr. D. Idaho 2008). 



49-509 



MOTOR VEHICLES 



104 



49-509. Stolen vehicles — Reporting by officers. — It shall be the 
duty of every sheriff, chief of police, officer of the Idaho state police, or officer 
having taken a report of a stolen vehicle, to immediately enter the 
information regarding the stolen vehicle into the national crime information 
center stolen vehicle file. 



History. 

I.C.A., § 48-402i, as added by 1941, ch. 144, 
§ 3, p. 282; am. 1982, ch. 95, § 65, p. 185; am. 
and redesig. 1988, ch. 265, § 124, p. 549; am. 



1991, ch. 153 
§ 27, p. 386; 
1450; am. 2010, ch. 98 



§ 5, p. 361; am. 1995, ch. 116, 
am. 2000, ch. 469, § 115, p. 



1, p. 190. 



STATUTORY NOTES 



Amendments. 

The 2010 amendment, by ch. 98, rewrote 
the section, revising requirements for report- 
ing stolen vehicles. 



Compiler's Notes. 

For national crime information center, see 
http://www.fas.org/irp/agency/doj/fbi/is/ 
ncic.htm. 



49-510. Liens and encumbrances — Filing — Fee — Notation on 
certificate — Constructive notice. 

JUDICIAL DECISIONS 

Analysis 

Federal bankruptcy law. 
Priority of liens, notice, effect. 
Process. 
Vin index. 



Federal Bankruptcy Law. 

Where a lender's perfection of its security 
interest 21 days after the debtors' car pur- 
chase was timely under Idaho law, the trustee 
could avoid the transfer of the security inter- 
est to lender because perfection was one day 
late under federal bankruptcy provisions. 
USAA Fed. Sav. Bank v. Thacker (In re Tay- 
lor), 599 F.3d 880 (9th Cir. 2010). 

Priority of Liens, Notice, Effect. 

Creditors' liens were vulnerable to a trust- 
ee's preference claim under 11 U.S.C.S. 
§§ 547(b) and 550(a), even though the vehi- 
cles were purchased more than 90 days before 
the debtors filed their bankruptcy petition, 
because the vehicles would likely be deemed 
perfected under subsection (3) of this section 
outside of the 30-day grace period in light of 
the fact that the date was changed on the 
electronic title from August 2007 to November 
2007 in the process of correcting errors con- 
cerning the creditor's mailing address in the 
state's electronic records. In re White, 2008 
Bankr. LEXIS 4388 (Bankr. D. Idaho Aug. 19, 
2008). 

Process. 

Because a security interest is deemed per- 
fected on the date noted by the state on the 
title certificate, creditors' liens were vulnera- 



ble to a trustee's preference claim under 11 
U.S.C.S. §§ 547(b) and 550(a), even though 
the vehicles were purchased more than 90 
days before the debtors filed their bankruptcy 
petition, because the date was changed on the 
electronic title from August 2007 to November 
2007 in the process of correcting errors con- 
cerning the creditor's mailing address in the 
state's electronic records; thus, the creditor's 
motion pursuant to Fed. R. Bankr. P. Rule 
9019, to approve a proposed settlement of a 
pending adversary proceeding against the 
creditor was rejected as too generous and not 
in the best interests of the parties in interest 
as required by 11 U.S.C.S. § 704(a)(1). In re 
White, 2008 Bankr. LEXIS 4388 (Bankr. D. 
Idaho Aug. 19, 2008). 

VIN Index. 

Creditor's security interest in a debtor's 
vehicle was perfected under this section and 
§ 49-504, despite a one-character typograph- 
ical error in the debtor's name on the certifi- 
cate of title, because the vehicle identification 
number (VIN) registry, the department of 
transportation's required indexing protocol, 
indexed the certificate under the correct VIN 
and showed the creditor as the lien creditor. 
Gugino v. GMAC (In re Laursen), 391 B.R. 47 
(Bankr. D. Idaho 2008). 



105 VEHICLE TITLES 49-523 

49-517. Printing and form of certificates. 

JUDICIAL DECISIONS 

Perfection of Interest. cerning the creditor's mailing address in the 

Because a security interest is deemed per- state's electronic records; thus, the creditor's 

fected on the date noted by the state on the motion pursuant to Fed. R. Bankr. P. Rule 

title certificate, creditors' liens were vulnera- 9019 to approve a proposed settlement of a 

ble to a trustee's preference claim under 11 pending adversary proceeding against the 

U.S.C.S. §§ 547(b) and 550(a), even though cre ditor was rejected as too generous and not 

the vehicles were purc £ a !f 1 ^ V"" 1 9 ° in the best interests of the parties in interest 

days before the debtors filed their bankruptcy as ired b n v g c g § 704(a)(1) . In re 

petition, because the date was changed on the m 200g Bankr LEXIg 4388 r 

electronic title from August 2007 to November , , , . .. Q 9nnft x 

2007 in the process of correcting errors con- ldah0 Aug ' iy ' 2UU8;> 

49-523. Procedure when department unsatisfied as to ownership 
or security interests — Temporary registration procedure. — (1) If 

the department is not satisfied as to the ownership of the vehicle or that 
there are no undisclosed security interests in it, the department may 
register the vehicle, but shall either: 

(a) Withhold issuance of a certificate of ownership until the applicant 
presents documents reasonably sufficient to satisfy the department as to 
the applicant's ownership of the vehicle and that there are no undisclosed 
security interests in it; or 

(b) As a condition of issuing a certificate of ownership, require the 
applicant to file with the department all documents held as to the 
applicant's ownership of the vehicle, together with a bond in the form 
prescribed by the department and executed by the applicant, or a deposit 
of cash in a like amount. The bond shall be in an amount equal to one and 
one-half (1 1/2) times the value of the vehicle, as determined by the 
department, and conditioned to indemnify any prior owner and secured 
party and any subsequent purchaser of the vehicle or person acquiring 
any security interest in it, and their respective successors in interest, 
against any expense, loss or damage, including reasonable attorney's fees, 
by reason of the issuance of the certificate of ownership of the vehicle, or 
on account of any defect in or disclosed security interest upon the right, 
title and interest of the applicant in and to the vehicle. Any such 
interested person has a right of action to recover on the bond for any 
breach of its conditions, but the aggregate liability of the surety to all 
persons shall not exceed the amount of the bond. The bond, or any cash 
deposit, shall be returned at the end of three (3) years, or prior to that 
time if the vehicle is no longer registered in this state and the current 
valid certificate of ownership is surrendered to the department, unless the 
department has been notified of the pendency of an action to recover on 
the bond. 

(c) As to a vehicle ten (10) years old or more since manufacture, an 
applicant who is a resident of the state of Idaho may file with the 
department, before its authorized representative, a verified statement of 
facts setting out in detail the manner in which the applicant came into 
possession of the vehicle, the establishment of ownership, and a summary 



49-523 MOTOR VEHICLES 106 

of the applicant's attempts to contact any prior owners of the vehicle. 
Upon receipt by the department of the verified statement and all docu- 
mentation relating to the applicant's possession of the vehicle, and 
completion of an inspection of the vehicle identification number by an 
authorized representative of the department, the applicant shall execute 
a document in the form provided by the department releasing it of any and 
all damages that may be suffered by the applicant, along with warranties 
that the applicant will pay any and all damages suffered by any person or 
entity as to the issuance of a title for that vehicle by the department. The 
department shall then issue a certificate of title to the applicant in form 
set out by this section. The certificate of title shall include the statement, 
"ISSUED ON STATEMENT OF APPLICANT", in permanent letters upon 
its face. The title issued pursuant to this subsection shall be presumed to 
indicate legal ownership of the vehicle at the end of the three (3) year 
period from the date of issue of that title, provided the vehicle is still 
registered in the state of Idaho, and there are no actions or claims pending 
against the applicant which place legal ownership in question. The 
department and the state of Idaho shall be immune as to any damages 
suffered by any person or entity as a result of the issuance of a certificate 
of title as provided by this subsection. 

(2) Every dealer desiring the privilege of issuing temporary registration 
permits for the operation of vehicles shall make application to the depart- 
ment. If the privilege is granted, the dealer will receive a series of permits, 
consecutively numbered by the department, secured by the dealer at a fee of 
nine dollars ($9.00) for each permit. A permit subsequently issued by a 
dealer to a purchaser shall be valid for a period not to exceed thirty (30) 
days. 

The dealer shall issue temporary registration permits in numerical 
sequence, one (1) only for each vehicle sold to a bona fide purchaser. Each 
permit, and the attached stub, shall be completed in duplicate, in ink or by 
typewriter at the time of issuance. The expiration date on the original 
permit shall be filled in by rubber stamp or broad-tipped marking pen, and 
the print shall be at least three-fourths (3/4) inch high and one-eighth (1/8) 
inch wide. The original permit shall be displayed in the rear window of the 
vehicle for which it is issued, except when issued for a convertible, station 
wagon, motorcycle, or other vehicle for which this would not be practical. In 
these exceptional cases, the permit should be conspicuously displayed in a 
place where the number of the permit and the expiration date may be easily 
read and where protected from exposure to weather conditions which would 
render it illegible. 

(3) The dealer shall keep a written record of every temporary registration 
permit issued. This record shall include the name and address of the person 
or firm to whom the permit is issued, a description of the vehicle for which 
it is issued, including year, make, model, identification number, and the date 
of issue. This record shall list all permits in numerical sequence and shall be 
open to inspection by any peace officer or designated employee of the 
department. 

(4) The fees collected from dealers by the department under the provi- 



107 VEHICLE TITLES 49-524 

sions of this section shall be transmitted by the department to the state 
treasurer for deposit in the highway distribution account. 

(5) Upon application for title and for registration of a vehicle for which 
temporary registration has been issued under this section, the county 
assessor shall collect and fees shall be deemed due from the date of issuance 
of the temporary registration permit rather than from date of application for 
title or registration. 

(6) The department or a county assessor may issue temporary vehicle 
registration permits in an emergency situation. The fee for a temporary 
registration shall be nine dollars ($9.00), and shall be valid for a period of 
thirty (30) days. The temporary fees collected by the department shall be 
transmitted to the state treasurer for deposit in the highway distribution 
account. Temporary fees collected by an assessor shall be distributed as 
follows: five dollars ($5.00) shall be deposited in the county current expense 
fund and four dollars ($4.00) shall be transmitted to the department for 
deposit through the state treasurer in the highway distribution account. 

History. redesig. 1988, ch. 265, § 138, p. 549; am. 

I.C., § 49-434, as added by 1982, ch. 354, 1991, ch. 153, § 12, p. 361; am. 2009, ch. 331, 

§ 1, p. 902; am. 1984, ch. 195, § 27, p. 445; § 5, p. 947. 
am. 1984, ch. 260, § 1, p. 628; am. and 

STATUTORY NOTES 

Amendments. this section, should be expended on improve- 

The 2009 amendment, by ch. 331, increased ments to the Division of Motor Vehicle's tech- 

the fees in the first paragraph in subsection nology operations and improvements. 

(2) and throughout subsection (6). "(c) Third, any moneys remaining after the 

expenditures relating to subsections (a) and 

Legislative Intent. (b) of this section, should be spent on depart- 

Section 1 of S.L. 2009, ch. 331 provided: ment technology operations and improve- 

Legislative Intent. It is the intent of the ments including> but not limited to: pave . 

Legislature that the moneys raised through ment? maint enance, scheduling and financial 

the increase in fees authorized by the provi- electr onic management systems. 

sions of this act be expended in the following « (d) The department should review ap p r0 x- 

order on and for the following: imately every five (5) years the fees provided 

. i a) Fli ; st ' ™°* eyS raise J d ? om ^ mcrease for in this act and recommend appropriate 

in fees should be expended to address any changes to such fees in the Legislature." 

revenue deficit or shortfall that the Division 

of Motor Vehicles is operating under as of Effective Dates. 

June 30, 2009. Section 9 of S.L. 2009, ch. 331 provided that 

"(b) Second, any moneys remaining after the act should take effect on and after Janu- 

the expenditures relating to subsection (a) of ary 1, 2010. 

49-524. Salvage certificate of ownership or electronic file to 
replace certificate of title or certificate of origin on vehicles. — 

(1) Every person acquiring a vehicle which has been determined to be a 
salvage vehicle, shall obtain a salvage certificate of ownership on that 
vehicle. 

(2) The salvage certificate shall replace the certificate of origin, certificate 
of title or other comparable ownership document and shall indicate owner- 
ship only; it shall not be valid for registration purposes. 

(3) A salvage certificate of ownership shall be issued by the department or 
under the direction of the department and shall be on a form or electronic 



49-524 MOTOR VEHICLES 108 

file as prescribed by the department. The form or electronic file shall provide 
for assignments of the salvage certificate. 

(4) The fee for a salvage certificate or electronic filing of a salvage 
certificate shall be fifteen dollars ($15.00). The fee shall be deposited in the 
state highway account. 

(5) Every insurer making payment for a vehicle which has been deter- 
mined to be a salvage vehicle, shall within thirty (30) days from receipt of 
the properly released certificate of origin or certificate of title, issue a 
salvage certificate to the purchaser and surrender to the department the 
ownership documents, a copy of the salvage certificate, the salvage certifi- 
cate fee and other documents as required by the department for processing. 
The department shall mark its records appropriately. 

(6) If a salvage pool receives a certificate of title for a vehicle which has 
been determined to be a salvage vehicle, he shall within thirty (30) days and 
upon receipt of the properly released certificate of origin or certificate of 
title, issue a salvage certificate to the purchaser and surrender to the 
department the ownership documents, a copy of the salvage certificate, the 
salvage certificate fee and other documents as required by the department 
for processing. The department shall mark its records appropriately. 

(7) If an insurer has made payment for a salvage vehicle, or a salvage 
pool, is unable to obtain a properly released certificate of origin or certificate 
of title for the salvage vehicle within thirty (30) days after the acceptance by 
the owner of an amount in settlement of a total loss, then the salvage pool 
may issue a salvage certificate with agreement from the insurer to the 
purchaser without having first obtained the properly released certificate of 
origin or certificate of title. Within ten (10) days of the issuance of a salvage 
certificate to the purchaser, the insurer or the salvage pool shall submit to 
the department the following: a sworn statement that it made at least two 
(2) written attempts to obtain from the owner the properly released 
manufacturer's certificate of origin, manufacturer's statement of origin or 
certificate of title, by sending notice to the owner at the owner's address of 
record with the department; a copy of each such written attempt; proper 
evidence of the satisfaction or discharge of any lien or encumbrance properly 
noted upon the certificate of title or upon the electronic records of the 
department; a copy of the salvage certificate; the salvage certificate fee; 
indemnifying affidavit; and other documents as required by the department 
for processing. The department shall mark its records appropriately. 

(8) It is a misdemeanor, punishable by up to six (6) months in jail, a fine 
of one thousand dollars ($1,000) or both, if the owner of a retained salvage 
vehicle fails to surrender the title and be issued a salvage certificate, or to 
sell the vehicle and not tell the buyer that the vehicle is totaled. 

(9) If an insurer has allowed the owner to retain ownership of the salvage 
vehicle, the owner must surrender the certificate of title for such vehicle to 
the department or the insurance company not later than thirty (30) days 
from the date that the claim was satisfied. The insurer must notify the 
department of a total loss payoff. The insurer or department shall issue a 
salvage certificate to the owner prior to any sale or disposition of the salvage 
vehicle. 



109 RULES OF THE ROAD 49-524 

(10) If an insurer acquires the certificate of title of a vehicle in a 
settlement of a theft claim, the insurer shall immediately, upon receipt of 
the properly released certificate of origin or certificate of title, issue a 
salvage certificate in the name of the insurer and surrender to the 
department the ownership documents, a copy of the salvage certificate, the 
salvage certificate fee and other documents as required by the department 
for processing. 

(11) If an insurer has acquired a vehicle in a settlement of a theft claim, 
has made application to and has been issued a new salvage certificate in the 
name of the insurer and the vehicle is subsequently recovered and is not a 
salvage vehicle, the insurer may complete an affidavit indemnifying the 
department stating the facts of acquisition and disposition of the vehicle in 
a form prescribed by the department and deliver the salvage certificate of 
ownership, affidavit and any other documents required by the department 
to the transferee at the time of delivery of the vehicle. A notation of "theft 
recovery" shall be made on the title record. 

(12) Any person acquiring ownership of a salvage vehicle purchased in a 
state or jurisdiction which does not require surrender of the certificate of title 
or comparable ownership document shall, within thirty (30) days following 
delivery of the certificate of title or ownership document, surrender such title 
or document to the department and apply for a salvage certificate. 

(13) An owner of a salvage vehicle who sells or transfers said vehicle shall 
provide a properly executed assignment of the salvage certificate of owner- 
ship to the transferee. 

(14) A purchaser of a salvage vehicle shall not possess or retain a salvage 
vehicle without a salvage certificate. The salvage vehicle purchaser shall 
display the salvage certificate upon the request of any peace officer or agent 
of the department. 

History. § 2, p. 1117; am. 2001, ch. 73, § 16, p. 154; 

I.C., § 49-524, as added by 1989, ch. 285, am. 2006, ch. 102, § 1, p. 280; am. 2008, ch. 

§ 7, p. 698; am. 1994, ch. 296, § 3, p. 933; am. 84, § 2, p. 219; am. 2011, ch. 143, § 1, p. 404. 
1995, ch. 162, § 1, p. 641; am. 1996, ch. 327, 

STATUTORY NOTES 

Amendments. subsection (7) and redesignated the subse- 

The 2011 amendment, by ch. 143, added quent subsections accordingly. 

CHAPTER 6 
RULES OF THE ROAD 

SECTION. SECTION. 

49-601. Application. thorized emergency vehicle 

49-613. Putting glass or other injurious ma- displaying flashing lights. 

terials on highway prohibited. 49-654. Basic rule and maximum speed lim- 

49-623. Authorized emergency or police vehi- its. 

c l es - 49-663. Restricted use of neighborhood elec- 

49-624. Driver duty upon approaching a sta- tric vehicles on highways. 

tionary police vehicle or an au- 



49-601 MOTOR VEHICLES 110 

49-601. Application. — The provisions of this chapter relate exclu- 
sively to the operation of vehicles upon highways, except where a different 
place is specifically referred to in a given section. 

They shall not apply to persons, motor vehicles and equipment while 
actually engaged in work upon a highway, or to owners or operators of a 
ditch, canal, conduit or drain while engaged in work within and pursuant to 
a right-of-way for a ditch, canal, conduit or drain, but shall apply to persons, 
owners, operators and vehicles when traveling to or from that work. 

History. ch. 152, § 3, p. 337; am. 1988, ch. 265, § 140, 

I.C., §§ 49-601, 49-604, as added by 1977, p. 549; am. 2011, ch. 179, § 1, p. 510. 

STATUTORY NOTES 

Amendments. while engaged in work within and pursuant 

The 2011 amendment, by ch. 179, in the to a right-of-way for a ditch, canal, conduit or 

second paragraph, inserted "or to owners or drain" and "owners, operators." 
operators of a ditch, canal, conduit or drain 

49-613. Putting glass or other injurious materials on highway 
prohibited. — The following shall apply to persons and vehicles not 
otherwise exempted from the application of this section by federal or state 
law: 

(1) No person shall throw or deposit upon any highway any glass bottle, 
glass, nails, tacks, wire, cans, or any other substance likely to injure any 
person, animal or vehicle upon the highway. 

(2) Any person who drops, or permits to be dropped or thrown, upon any 
highway any destructive or injurious material shall immediately remove 
that material or cause it to be removed. 

(3) Any person removing a wrecked or damaged vehicle from a highway 
shall remove any glass or other injurious substance dropped upon the 
highway from that vehicle. 

(4) No vehicle shall be operated on any public highway unless such 
vehicle's load is secured to prevent the load from becoming loose, detached 
or a hazard to other users of the highway. 

(5) No person may operate on any public highway any vehicle with any 
load unless the load is secured and such covering as required thereon by 
subsection (6) of this section is securely fastened to prevent the covering or 
load from becoming loose, detached or a hazard to other users of the 
highway. 

(6) Any vehicle operating on a paved public highway with a load of dirt, 
sand or gravel susceptible to being dropped, spilled, leaked or otherwise 
escaping therefrom shall be covered so as to prevent spillage. Covering of 
such loads is not required if six (6) inches of freeboard is maintained. 

(7) The provisions of subsections (5) and (6) of this section shall not apply 
to a government, quasi-government, their agents or employees or contrac- 
tors thereof, in performance of maintenance or construction of a highway. 



Ill RULES OF THE ROAD 49-623 

(8) The provisions of subsections (4), (5) and (6) of this section shall not 
apply to vehicles owned by canal companies, irrigation districts, drainage 
districts or their boards of control, lateral ditch associations, water districts 
or other irrigation water delivery or management entities, or operated by 
any employee or agent of such an entity, performing construction, operation 
or maintenance of facilities. 

(9) The provisions of subsections (4), (5) and (6) of this section shall not 
apply to vehicles transporting processed or unprocessed agricultural prod- 
ucts, agricultural byproducts, agricultural materials or agricultural inputs. 

History. § 4, p. 337; am. and redesig. 1988, ch. 265, 

I.C., § 49-711, as added by 1977, ch. 152, § 150, p. 549; am. 2011, ch. 326, § 1, p. 951. 

STATUTORY NOTES 

Amendments. introductory paragraph and added subsec- 

The 2011 amendment, by ch. 326, added the tions (4) through (9). 

49-623. Authorized emergency or police vehicles. — (1) The driver 
of an authorized emergency or police vehicle, when responding to an 
emergency call, or when in the pursuit of an actual or suspected violator of 
the law, or when responding to but not upon returning from a fire alarm, 
may exercise the privileges set forth in this section, but subject to the 
conditions stated. 

(2) The driver of an authorized emergency or police vehicle may: 

(a) Park or stand, irrespective of the parking or standing provisions of 
this title; 

(b) Proceed past a red or stop signal or stop sign, but only after slowing 
down as may be necessary for safe operation; 

(c) Exceed the maximum speed limits so long as he does not endanger life 
or property; 

(d) Disregard regulations governing direction of movement or turning in 
specified directions. 

(3) The exemptions granted to an authorized emergency or police vehicle 
shall apply when necessary to warn and to make use of an audible signal 
having a decibel rating of at least one hundred (100) at a distance often (10) 
feet and/or is displaying a flashing light visible in a 360 degree arc at a 
distance of one thousand (1,000) feet under normal atmospheric conditions. 

(4) The foregoing provisions shall not relieve the driver of an authorized 
emergency or police vehicle from the duty to drive with due regard for the 
safety of all persons, nor shall these provisions protect the driver from the 
consequences of his reckless disregard for the safety of others. 

(5) The foregoing provisions shall apply to the driver of an authorized 
emergency or police vehicle of another state of the United States who enters 
this state in response to an emergency call, or when in the fresh pursuit of 
a suspected felon as provided in section 19-701, Idaho Code, or when 
responding to but not upon returning from a fire alarm. 

History. § 3, p. 337; am. and redesig. 1988, ch. 265, 

I.C., § 49-606, as added by 1977, ch. 152, § 155, p. 549; am. 2010, ch. 138, § 2, p. 292. 



49-624 MOTOR VEHICLES 112 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2010 amendment, by ch. 138, added Section 4 of S.L. 2010, ch. 138 declared an 

subsection (5). emergency. Approved March 29, 2010. 

JUDICIAL DECISIONS 

Reckless Disregard. In a claim under the Idaho Tort Claims Act, 

To constitute reckless disregard, the actor's § 6-901 et seq., to determine whether the 

conduct must not only create an unreasonable conduct of a driver of an authorized police 

risk of bodily harm, but the actor must actu- vehicle involved in a police chase amounted to 

ally perceive the high degree of probability reckless disregard for the safety of others for 

that harm will result and continue in his which the driver could be held liable, a court 

course of conduct. Actual knowledge of the considers the foreseeability that there would 

high degree of probability that harm will be other vehicles on the highway; that the 

result does not require knowledge of the ac- driver's conduct created an unreasonable risk 

tual person or persons at risk, or the exact of bodily harm to the occupants of those 

manner in which they would be harmed; it vehicles; and that the driver perceived there 

only requires knowledge of the high degree of was a high degree of probability that harm 

probability of the kind of harm that the in- would result, but continued his course of 

jured party suffered. Athay v. Stacey, 146 conduct. Athay v. Stacey, 146 Idaho 407, 196 

Idaho 407, 196 P.3d 325 (2008). P.3d 325 (2008). 

49-624. Driver duty upon approaching a stationary police vehi- 
cle or an authorized emergency vehicle displaying flashing lights. — 

The driver of a motor vehicle, upon approaching a stationary police vehicle 
displaying flashing lights or an authorized emergency vehicle displaying 
flashing lights shall: 

(1) If the driver is traveling on a highway with two (2) or more lanes 
carrying traffic in the same direction, immediately reduce the speed of his 
vehicle below the posted speed limit, proceed with due caution and, if 
traveling in a lane adjacent to the stationary police vehicle displaying 
flashing lights or the authorized emergency vehicle displaying flashing 
lights, change lanes into a lane that is not adjacent to such vehicle as soon 
as it is possible to do so in a manner that is reasonable and prudent under 
the conditions then existing, with regard to actual and potential hazards. 

(2) If the driver is traveling on a highway with one (1) lane for each 
direction of travel, immediately reduce the speed of his vehicle below the 
posted speed limit, and maintain a safe speed for the road, weather and 
traffic conditions until completely past the stationary police vehicle or 
authorized emergency vehicle. 

History. § 1, p. 237; am. 2007, ch. 113, § 1, p. 328; am. 

I.C., § 49-624, as added by 2006, ch. 78, 2011, ch. 17, § 1, p. 54. 

STATUTORY NOTES 

Amendments. authorized emergency vehicle displaying 

The 2011 amendment, by ch. 17, inserted "if flashing lights" and "into a lane that is not 

traveling in a lane adjacent to the stationary adjacent to such vehicle" in subsection (1). 
police vehicle displaying flashing lights or the 



113 RULES OF THE ROAD 49-654 

49-625. Operation of vehicles on approach of authorized emer- 
gency or police vehicles. 

JUDICIAL DECISIONS 

De Facto Detention. person that the officers were ordering him to 

Police officers' actions, stopping near defen- restrict his movement, creating a de facto 

dant's parked car and turning on the police seizure when defendant submitted to their 

vehicles' overhead lights, were a show of au- authority. State v. Willoughby, 147 Idaho 482, 

thority that would convey to a reasonable 211 R3d 91 (2009). 

49-654. Basic rule and maximum speed limits. — (1) No person 
shall drive a vehicle at a speed greater than is reasonable and prudent 
under the conditions and having regard to the actual and potential hazards 
then existing. Consistent with the foregoing, every person shall drive at a 
safe and appropriate speed when approaching and crossing an intersection 
or railroad grade crossing, when approaching and going around a curve, 
when approaching a hillcrest, when traveling upon any narrow or winding 
highway, and when special hazards exist with respect to pedestrians or 
other traffic or by reason of weather or highway conditions. 

(2) Where no special hazard or condition exists that requires lower speed 
for compliance with subsection (1) of this section the limits as hereinafter 
authorized shall be maximum lawful speeds, and no person shall drive a 
vehicle at a speed in excess of the maximum limits: 

(a) Thirty-five (35) miles per hour in any residential, business or urban 
district, unless otherwise posted in accordance with section 49-207(2) or 
(3), Idaho Code; 

(b) Seventy-five (75) miles per hour on interstate highways; 

(c) Sixty-five (65) miles per hour on state highways; 

(d) Fifty-five (55) miles per hour in other locations unless otherwise 
posted up to a maximum of sixty-five (65) miles per hour. 

(3) The maximum lawful speed limit on interstate highways shall not 
exceed sixty-five (65) miles per hour for vehicles with five (5) or more axles 
operating at a gross weight of more than twenty-six thousand (26,000) 
pounds. 

History. § 1, p. 210; am. 1991, ch. 100, § 3, p. 221; am. 

I.C., § 49-681, as added by 1977, ch. 152, 1996, ch. 270, § 4, p. 872; am. 1997, ch. 155, 

§ 3, p. 337; am. 1977, ch. 151, § 1, p. 335; am. § 6, p. 438; am. 1997, ch. 377, § 1, p. 1207; 

1987, ch. 280, § 1, p. 590; am. and redesig. am. 1998, ch. 158, § 1, p. 534; am. 2012, ch. 

1988, ch. 265, § 179, p. 549; am. 1989, ch. 89, 325, § 6, p. 894. 

STATUTORY NOTES 

Amendments. 207(2)(a), Idaho Code, in any residential, 

The 2012 amendment, by ch. 325, rewrote business or urban district," deleted former 

paragraph (2)(a), which formerly read, "Thir- (2)(b) which read, "Thirty-five (35) miles per 

ty-five (35) miles per hour or a lesser maxi- hour in any urban district," and redesignated 

mum speed adopted pursuant to section 49- the subsequent paragraphs accordingly. 



49-663 MOTOR VEHICLES 114 

JUDICIAL DECISIONS 

Analysis 

Speed. 

— Evidence. 

Speed. information at all on the trooper's accuracy 

rate and the state produced no evidence of the 

0-L , , .* , ,. • i_- distance between the officer's location and 

State trooper s testimony concerning his , r , , , , . , , , , ~. j v • 

i x- i. r ^ j r j r ? u defendant s vehicle when the officer made his 

visual estimate of the speed of defendants ,, , „ ,, ~ , 

vehicle, standing alone, was insufficient to estimation the angle of the officer s view or 

prove beyond a reasonable doubt that defen- how long he observed the vehicle before 

dant's vehicle was traveling above the speed ^o5 K oooT^o^'^^ V ' S 

limit, where the evidence was void of any Idaho 345 ' 223 R3d 287 ^ Ct - A PP- 2009 )- 

49-663. Restricted use of neighborhood electric vehicles on high- 
ways. — (1) It is unlawful to operate a neighborhood electric vehicle on any 
highway with a posted speed limit of over thirty-five (35) miles per hour. 

(2) It is unlawful for a person operating a neighborhood electric vehicle to 
cross any highway with a posted speed limit greater than forty-five (45) 
miles per hour. 

History. 

I.C., § 49-663, as added by 2005, ch. 183, 
§ 5, p. 558; am. 2009, ch. 194, § 1, p. 628. 

STATUTORY NOTES 

Compiler's Notes. Effective Dates. 

The 2009 amendment, by ch. 194, in sub- Section 2 of S.L. 2009, ch. 194 declared an 

section (1), substituted "thirty-five (35) miles emergency. Approved April 20, 2009. 
per hour" for "twenty-five (25) miles per 
hour"; and, in subsection (2), substituted "for- 
ty-five (45) miles per hour" for "twenty-five 
(25) miles per hour." 

CHAPTER 8 
SIGNS, SIGNALS AND MARKINGS 



49-808. Turning movements and required signals. 

JUDICIAL DECISIONS 

Constitutionality. with neither lane clearly ending and neither 

This section is constitutionally vague when clearly continuing. Burton v. State, 149 Idaho 
applied to highway where two lanes merge 746, 240 P.3d 933 (Ct. App. 2010). 

CHAPTER 9 
VEHICLE EQUIPMENT 

SECTION. • SECTION. 

49-948. Restrictions as to tire equipment. 49-959. Air-conditioning equipment. 



115 VEHICLE EQUIPMENT 49-948 

49-902. Scope and effect. 

JUDICIAL DECISIONS 

Negligence Per Se. ated on the public roadway, the allegation was 

When injured party's complaint alleged broad enough to include a claim of negligence 

that a vehicle owner knowingly permitted a per se under this section. Nava v. Rivas-Del 

vehicle in a dangerous condition to be oper- Toro, 151 Idaho 853, 264 P.3d 960 (2011). 

49-948. Restrictions as to tire equipment. — (1) Every solid rubber 
tire on a vehicle shall have rubber on its entire traction surface at least one 
(1) inch thick above the edge of the flange of the entire periphery. 

(2) No person shall operate or move on any highway any motor vehicle, 
trailer, or semitrailer having any metal tire in contact with the highway. 

(3) No tire on a vehicle moved on a highway shall have on its periphery 
any block, stud, flange, cleat, spike, or any other protuberance of any 
material other than rubber which projects beyond the tread of the traction 
surface of the tire, except as allowed herein. It shall be permissible to use 
farm machinery with tires having protuberances which will not injure the 
highway, and it shall be permissible to use tire chains. Tires with built-in 
lugs of tungsten carbide or other suitable material, hereinafter called studs, 
may be used upon any vehicle when required for safety because of snow, ice, 
or other conditions tending to cause a vehicle to skid, that will not unduly 
damage the highway. Motor vehicles, trailers and semitrailers with tires 
having built-in studs are prohibited on public highways between the dates 
of May 1 and September 30, annually, except as provided in paragraphs (a), 
(b) and (c) of this subsection: 

(a) Fire pumper/tanker trucks and ladder trucks belonging to fire depart- 
ments and firefighting agencies are exempt from the prohibited dates. 

(b) A vehicle may be equipped year-round with tires that have retractable 
studs if the studs retract pneumatically or mechanically to at or below the 
wear bar of the tire when not in use and the retractable studs protrude 
beyond the wear bar of the tire only between October 1 and April 30. 
Retractable studs may be made of metal or other material and are not 
subject to the stud weight requirements of subsection (4) of this section. 

(c) Special exemptions from the prohibited dates may be granted by the 
Idaho transportation board if it is found by the board that enhancements 
to public safety outweigh the increased pavement wear. 

(4) Commercial tire retailers shall not sell studded tires with studs 
exceeding the following weight and protrusion limitations after July 1, 2005. 
Commercial tire retailers and tire shops shall not manually install studs 
exceeding the following weight and protrusion limitations after July 1, 2005. 

(a) Studs shall not protrude more than six-hundredths (.06) of an inch 
from the surface of the tire tread when originally installed. 

(b) Stud size shall be as recommended by the manufacturer of the tire for 
the type and size of the tire. 

(c) Studs shall individually weigh no more than one and one-half (1.5) 
grams if the stud is size 14 or less. 

(d) Studs shall individually weigh no more than two and three-tenths 
(2.3) grams if the stud size is 15 or 16. 



49-948 MOTOR VEHICLES 116 

(e) Studs shall individually weigh no more than three (3) grams if the 
stud size is 17 or larger. 

(5) If the Idaho transportation department determines, at any time, that 
Lookout Pass or Fourth of July Pass on interstate 90 or Lolo Pass on state 
highway 12 is of an unsafe condition so as to require chains, as defined in 
section 49-104, Idaho Code, in addition to pneumatic tires, the Idaho 
transportation department may establish requirements for the use of chains 
on all commercial vehicles as denned in section 49-123(2)(c)(i) and (ii), Idaho 
Code, traveling on interstate 90 or state highway 12. If the Idaho transpor- 
tation department establishes that chains are so required, the Idaho 
transportation department shall: 

(a) Provide multiple advance notices of the chain requirement; 

(b) Provide adequate opportunities for pull out; 

(c) Provide notification at a point at which the commercial vehicle can 
safely pull out of the normal flow of traffic, prior to the point at which 
chains are required; and 

(d) In no case post requirements for chains on bare pavement. 

(6) Provided that the conditions in subsection (5) of this section are met, 
the chain requirement shall be met by chaining a minimum of one (1) tire on 
each side of: 

(a) One (1) drive axle, regardless of the number of drive axles; and 

(b) One (1) axle at or near the rear of each towed vehicle. Such axle shall 
not include a variable load suspension axle or an axle of a converter dolly. 

(7) Chains as required in subsection (6)(a) and (b) of this section mean 
"chains" as defined in section 49-104, Idaho Code. Any other traction device 
differing from chains in construction, material or design but capable of 
providing traction equal to or exceeding that of chains under similar 
conditions may be used. 

(8) The Idaho transportation department shall place and maintain signs 
and other traffic control devices on the interstate and state highway passes 
as designated in subsection (5) of this section that indicate the chain 
requirements under subsection (6) of this section. 

(9) Exempt from the chaining requirements provided for in subsections 
(5) and (6) of this section are: 

(a) Motor vehicles operated by the Idaho transportation department 
when used in the maintenance of the interstate or state highway system; 
and 

(b) The following: 

(i) Motor vehicles employed solely in transporting school children and 
teachers to or from school or to or from approved school activities, when 
the motor vehicle is either: 

1. Wholly owned and operated by such school; or 

2. Leased or contracted by such school and the motor vehicle is not 
used in furtherance of any other commercial enterprise; 

(ii) Motor vehicles controlled and operated by any farmer when used in 
the transportation of the farmer's farm equipment or in the transpor- 
tation of supplies to the farmer's farm; 
(iii) The transportation of agricultural products including fresh fruits 



117 VEHICLE EQUIPMENT 49-959 

and vegetables, livestock, livestock feed or manure at any time of the 

year; 

(iv) Motor propelled vehicles for the sole purpose of carrying United 

States mail or property belonging to the United States; 

(v) Motor carriers transporting products of the forest at any time of the 

year, including chip trucks; 

(vi) Motor carriers transporting products of the mine including sand, 

gravel and aggregates thereof, excepting petroleum products; and 

(vii) Vehicles properly equipped, designed and customarily used for the 

transportation of disabled or abandoned vehicles by means of a crane, 

hoist, tow bar, dolly or roll bed, commonly known as a "wrecker truck" 

or "tow truck." 

History. 2003, ch. 124, § 1, p. 374; am. 2007, ch. 101, 

1953, ch. 273, § 155, p. 478; am. 1965, ch. 9, § 1, p. 305; am. 2008, ch. 330, § 3, p. 907; am. 

§ 1, p. 17; am. 1974, ch. 12, § 73, p. 61; am. 2009, ch. 157, § 10, p. 458. 
and redesig. 1988, ch. 265, § 264, p. 549; am. 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2009 amendment, by ch. 157, updated Section 17 of S.L. 2009, ch. 157 declared an 

the last section reference in the introductory emergency. Approved April 9, 2009. 
paragraph in subsection (5) to reflect the 2009 
amendment of § 49-123. 

49-959. Air-conditioning equipment. — (1) Air-conditioning equip- 
ment shall be manufactured, installed and maintained with due regard for 
the safety of the occupants of the vehicle and the public and shall not 
contain any refrigerant which is toxic to persons or which is flammable at or 
below one thousand degrees (1000°) Fahrenheit, unless the refrigerant is 
included in the list published by the United States environmental protection 
agency as an approved alternative motor vehicle air-conditioning substitute 
for chlorofluorocarbon-12 under 42 U.S.C. section 7671k(c). 

(2) No person shall have for sale, offer for sale, sell or equip any motor 
vehicle with any air-conditioning equipment unless it complies with the 
requirements of this section. 

(3) No person shall operate on any highway any motor vehicle equipped 
with any air-conditioning equipment unless the equipment complies with 
the requirements of this section. 

History. 811; am. and redesig. 1988, ch. 265, § 269, p. 

I.C., § 49-564.42.1, as added by 1955, ch. 549; am. 1997, ch. 392, § 1, p. 1249; am. 2010, 
84, § 31, p. 156; am. 1974, ch. 27, § 136, p. ch. 259, § 1, p. 661. 

STATUTORY NOTES 

Amendments. "unless the refrigerant is included in the list" 

The 2010 amendment, by ch. 259, in sub- through to the end. 
section (1), added the language beginning 



49-1004 MOTOR VEHICLES 118 

CHAPTER 10 
WEIGHT, SPEED AND TIRE REGULATIONS 

SECTION. SECTION. 

49-1004. Permits for overweight or oversize 49-1010. Size of vehicles and loads, 
loads — Special pilot project 
routes and annual permits. 

49-1004. Permits for overweight or oversize loads — Special pilot 
project routes and annual permits. — (1) Upon application in writing to 
the board or other proper authorities in charge of, or having jurisdiction over 
a highway, the board or authorities may in their discretion issue a special 
permit to the owner or operator of any vehicle allowing vehicles or loads 
having a greater weight or size than permitted by law to be moved or carried 
over and on the highways and bridges. 

(a) Special permits shall be in writing and may limit the time of use and 
operation over the particular highways and bridges which may be 
traversed and may contain any special conditions and require any 
undertaking or other security as the board or other proper authority shall 
deem to be necessary to protect the highways and bridges from injury, or 
provide indemnity for any injury to highways and bridges or to persons or 
property resulting from such operation. 

(b) The owner or operator of an overweight or oversize vehicle shall 
obtain a permit, or shall establish intent to obtain a permit by contacting 
a permit office and receiving a permit number before moving the vehicle 
on the highways. 

(c) All special permits or evidence of intent to obtain a permit, shall be 
carried in the vehicles to which they refer and shall upon demand be 
delivered for inspection to any peace officer, authorized agent of the board 
or any officer or employee charged with the care or protection of the 
highways. 

(2) Nonreducible vehicles or combinations of vehicles hauling 
nonreducible loads at weights in excess of those set forth in section 49-1001, 
Idaho Code, shall pay fees as set forth in this subsection (2). Such fees are 
based on the number of axles on the vehicle or combination of vehicles and 
the total gross weight. 



* of axles 


Column 1 

Gross weight of vehicle 

and load in pounds 


Column 2 

Gross weight of vehicle 

and load in pounds 


2 
3 
4 
5 
6 
7 


40,001 
54,001 
68,001 
80,001 
97,001 
114,001 




131,001 
148,001 
165,001 



(a) To determine the maximum allowable permit fee for vehicles with 
more than seven (7) axles, the table can be extended by adding seventeen 
thousand (17,000) pounds to the last listed weight in both columns 1 and 
2 for each added axle. 



119 WEIGHT, SPEED AND TIRE REGULATIONS 49-1004 

(b) Permit fees for column 1 shall start at four cents (4c0 per mile and 
increase four cents (4e0 per mile for each additional two thousand (2,000) 
pound increment up to the weight indicated in column 2. Permit fees for 
column 2 shall start at one dollar and two cents ($1.02) per mile and 
increase seven cents (7c0 per mile for each additional two thousand 
(2,000) pound increment. 

(c) Vehicles operating at weights less than the starting weights per axle 
configuration listed in column 1 shall be charged four cents (4#) per mile. 

(d) For vehicles operating with axles wider than eight (8) feet six (6) 
inches or axles with more than four (4) tires per axle, the fee may be 
reduced by the board or other proper authority having jurisdiction over a 
highway. 

(3) It shall be unlawful for any person to violate, or to cause or permit to 
be violated, the limitations or conditions of special permits and any violation 
shall be deemed for all purposes to be a violation of the provisions of this 
chapter. 

(4) An annual special pilot project route permit authorizing travel on 
pilot project routes shall be issued by the board or may, in its discretion, be 
issued by a local public highway agency for operation of vehicles with a legal 
maximum gross weight of at least one hundred five thousand five hundred 
one (105,501) pounds but not exceeding one hundred twenty-nine thousand 
(129,000) pounds. Such pilot project routes on nonstate and noninterstate 
highways shall be determined by the local highway agency for those roads 
under its jurisdiction. No local public highway agency shall approve a pilot 
project route which provides a thoroughfare for interstate carriers to pass 
through the state. State pilot project routes designated by the legislature 
and identified on a map entitled "Designated Pilot Project Routes" are: 

(a) US-20 Montana border to its junction with SH-33; SH-33 to its 
junction with US-20; US-20 to its junction with US-93; US-93 to its 
junction with SH-25; SH-25 to its junction with SH-50; SH-50 to its 
junction with US-30; US-30 to its junction with SH-74; SH-74 to its 
junction with US-93; US-93 to the Nevada border. 

(b) US-91 from its junction with SH-34 to the Utah border. 

(c) US-30 from its junction with 1-15 to the Wyoming border. 

(d) US-95 south from milepost 66 (Fruitland) to its junction with SH-55. 

(e) SH-19 from its junction with US-95 (Wilder) to its junction with I-84B 
(Caldwell). 

(f) SH-78 from its junction with SH-55 (Marsing) to its junction with 
SH-51; SH-51 to its junction with SH-78; SH-78 to its junction with I-84B 
(Hammett). 

(g) SH-67 from its junction with SH-51 (Mountain Home) to its junction 
with SH-78 (Grandview). 

(h) SH-55 from intersection with Farmway Road to junction with US-95. 

(i) SH-25 from its junction with SH-24 to its junction with SH-27 (Paul). 

(j) SH-25 from its junction with US-93 to milepost 27 (Hazelton). 

(k) SH-24 from intersection with US-93 to its intersection with SH-25. 

(/) US-20 from its intersection with New Sweden Road to its junction with 

SH-22/33. 



49-1004 MOTOR VEHICLES 120 

(m) SH-34 from milepost 78 to the junction with US-91. 

(n) US-26 from its junction with US-91 north to its intersection with 

Gallatin/West 23rd Street in Idaho Falls. 

(o) US-91 from the intersection with Canyon Road to the junction with 

US-26. 

(p) SH-22 from its junction with 1-15 northbound ramps (Dubois) to its 

junction with SH-33. 

(q) SH-45 from its junction with SH-78 to its junction with 1-84 business 

loop; 1-84 business loop to its junction with exit 35 (Nampa Boulevard/ 

Northside Boulevard). 

(r) SH-87 from Montana border to junction with US-20. 

(s) SH-33 from its junction with SH-31 (Victor) to its junction with SH-33 

spur; SH-33 spur to its junction with US-20. 

(t) SH-28 from junction with SH-22 to junction with SH-33. 

(u) SH-38 from milepost 0.689 to milepost 1.318 at Malad. 

(v) SH-27 from its junction with SH-25 (Paul) to its junction with I-84B 

(Burley); I-84B to its junction with SH-27; SH-27 to milepost (Oakley). 

(w) SH-81 from its junction with SH-77 (Malta) to its junction with US-30 

(Burley). 

(x) US-30 from junction with SH-81 at Burley to junction with SH-50 at 

Kimberly. 

(y) US-93 spur from junction with US-30 to junction with US-93 at Twin 

Falls. 

(z) US-93 from junction with US-93 spur to junction with US-30 at Twin 

Falls. 

(aa) US-30 from junction with SH-74 at Twin Falls to junction with 1-84 

business loop at Bliss. 

(bb) US-26 from its junction with SH-75 (Shoshone) to its junction with 

1-84 exit 141 westbound ramps (Bliss); 1-84 business loop from its junction 

with 1-84 exit 141 westbound ramps to its junction with US-30 (Bliss). 

(cc) SH-46 spur from its junction with SH-46 (Wendell) to its junction 

with 1-84 exit 155 eastbound ramps. 

(dd) SH-46 from its junction with US-20 to its junction with 1-84 exit 157 

eastbound ramps (Wendell). 

(ee) US-20 from junction with US-93 at Carey to junction with 1-84 

business loop at interchange 95; 1-84 business loop from interchange 95 to 

junction with SH-51; SH-51 to junction with SH-67. 

(ff) SH-51 from junction with SH-67 to junction with SH-78. 

(gg) SH-44 from its junction with SH-55 (Eagle) to its junction with 1-84 

exit 25 eastbound ramps. 

(hh) US-20/26 from its junction with US-95 (Parma) to its junction with 

1-84 exit 26 westbound ramps. 

(ii) US-20 from junction with US-33 at Sugar City south to junction with 

US-20 business loop/Holmes Avenue; US-20 business loop/Holmes Avenue 

south to junction with US-26/Yellowstone; US-26 from intersection with 

US-20 business loop/Holmes Avenue south to Gallatin. 
Additions or deletions to the approved state pilot project routes specified in 
this subsection (4) shall be made only with the approval of the state 
legislature. 



121 WEIGHT, SPEED AND TIRE REGULATIONS 49-1010 

(5) An annual administrative permit fee for operating on pilot project 
routes at the weights specified in subsection (4) of this section shall be set by 
the board for travel on state pilot project routes and by the local public 
highway agency for travel on routes under its jurisdiction, but not to exceed 
a maximum of fifty dollars ($50.00) per vehicle. The annual administrative 
permit fee shall cover administrative costs. Local public highway agencies 
are authorized to issue special pilot project permits and such permits shall 
be in writing. Administrative permit fees for permits issued by a local public 
highway agency shall be retained by the local public highway agency to 
cover administrative costs, and administrative permit fees for permits 
issued by the department shall be retained by the department to cover 
administrative costs. In addition to the annual administrative permit fee 
and the appropriate registration fee for weights up to one hundred five 
thousand five hundred (105,500) pounds, the appropriate vehicle registra- 
tion fees for weights over one hundred five thousand five hundred (105,500) 
pounds shall be calculated and collected in accordance with the fee sched- 
ules set forth in section 49-432 or 49-434, Idaho Code. 

(6)(a) In any action or proceeding brought for the purpose of setting aside 
a special permit issued pursuant to this section, in which any party seeks 
a stay or seeks a temporary restraining order or preliminary injunction 
against the department, other appropriate authority, the state of Idaho or 
any party requesting the permit, the court may require bond as provided 
in rule 65(c) of the Idaho rules of civil procedure, in an amount not to 
exceed ten percent (10%) of the shipper's or transporter's insured value of 
the product or material to be transported under the provisions of the 
permit. If any attorney's fees and/or costs are awarded to the department 
or other state actor, such bond may be used to satisfy that award and all 
awarded amounts shall be paid to the state highway account established 
in section 40-702, Idaho Code. 

(b) Where there is a final judgment in an action or proceeding brought for 
the purpose of setting aside a special permit issued pursuant to this 
section against the party or parties who brought such action or proceed- 
ing, the court may determine the actual damages resulting from the 
action or proceeding caused to the department or other state actor and 
may award up to that amount to the party or parties. 

History. ch. 418, § 16, p. 1331; am. 2003, ch. 315, § 2, 

1929, ch. 156, § 5, p. 281; I.C.A., § 48-605; p. 859; am. 2005, ch. 63, § 1, p. 220; am. 2007, 

am. 1974, ch. 12, § 75, p. 61; am. 1978, ch. ch. 257, § 1, p. 763; am. 2007, ch. 258, § 1, p. 

179, § 1, p. 409; am. and redesig. 1988, ch. 766; am. 2008, ch. 156, § 1, p. 447; am. 2011, 

265, § 275, p. 549; am. 1998, ch. 108, § 2, p. ch. 277, § 1, p. 753. 
367; am. 1998, ch. 158, § 3, p. 534; am. 2000, 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2011 amendment, by ch. 277, added Section 2 of S.L. 2011, ch. 277 declared an 

subsection (6). emergency. Approved April 11, 2011. 

49-1010. Size of vehicles and loads. — No vehicle shall exceed the 
dimensions specified below, except that certain devices determined by the 



49-1010 MOTOR VEHICLES 122 

board as necessary for the safe and efficient operation of motor vehicles, 
including energy conservation devices, shall be excluded from the calcula- 
tion of width or length. 

(1) The width of a vehicle, including any load thereon, except as noted 
below, shall not exceed 8 1/2 feet. 

(a) The limitations as to size of vehicles stated in this section shall not 
apply to farm tractors or to implements of husbandry, including any load 
thereon, or any trailer not wider than the implement of husbandry used 
in the transportation of implements of husbandry for agricultural opera- 
tions, and including all equipment used in land leveling operations, when 
being incidentally operated upon the highway from one (1) farm operation 
to another during daylight hours. 

(b) The limitations as to size of vehicles shall not apply to farmers or their 
designated agents, transporting implements of husbandry and equipment 
listed in paragraph (a) of this subsection for the purpose of: 

(i) The repair or maintenance of such implements of husbandry and 
equipment when traveling to or from a farm to a repair or maintenance 
facility during daylight hours; or 

(ii) The purchase or sale of such implements of husbandry and equip- 
ment when traveling to or from a farm to a dealership, auction house or 
other facility during daylight hours. 

(c) Notwithstanding the exemption from width limitation for farm trac- 
tors included in paragraph (a) of this subsection, the total outside width 
of any farm tractor being transported on the interstate system in this 
state, except as permitted by section 49-1004, Idaho Code, shall not 
exceed 9 feet. 

(d) A farm tractor or implement of husbandry, when being incidentally 
transported upon the highway with a width in excess of the limits of 
paragraphs (a) and (c) of this subsection, must display one (1) red or 
fluorescent orange flag a minimum of twelve (12) by twelve (12) inches on 
the outermost left projection of the tractor or implement being trans- 
ported. 

(2) The height of a vehicle, including the load thereon, shall not 
exceed 14 feet. 

(3) The length of a vehicle, or vehicle combination, except as noted below 
shall not exceed: 

(a) When a single motor vehicle 45 feet. 

(b) When a trailer or semitrailer, except as noted below 48 feet. 

1. Semitrailers operating on routes determined by the board to have 
severe curvature, deficient width and/or heavy traffic conditions shall 
be limited to an overall combination length not to exceed 65 feet. 

2. The length of a trailer tongue, or the length of the tongue of a 
converter gear used to convert a semitrailer to a trailer, shall be 
excluded from the calculation of a trailer length. 

3. Semitrailers operating on routes which are a part of the national 
network as set forth in 23 CFR 658, on routes providing access between 
the national network and terminals and facilities for food, fuel, repairs 
and rest which are located within one (1) road mile of the national 



123 WEIGHT, SPEED AND TIRE REGULATIONS 49-1010 

network and state highways as set forth by policy and approved by the 
transportation board shall not exceed a length of 53 feet. 

(c) When a motor vehicle and one (1) or more trailers, except as noted in 
subsections (3)(b), (3)(d) and (3)(e) of this section 75 feet. 

(d) When a combination of semitrailer and trailer, or of two (2) semitrail- 
ers the length in such combination, including the connecting tongue and 
excluding the truck tractor except as noted below 61 feet. 

When the combination of semitrailer and trailer or of two (2) semitrail- 
ers including the connecting tongues exceeds sixty-one (61) feet, the 
length of such combination including the truck tractor 75 feet. 

(e) When a combination of a semitrailer and trailer, or of two (2) 
semitrailers operating on routes on the national network as set forth in 23 
CFR 658, and on routes providing access between the national network 
and terminals and facilities for food, fuel, repairs and rest which are 
located within one (1) road mile of the national network, the length, 
including the connecting tongue and excluding the truck tractor, shall not 
exceed 68 feet. 

(f) When a dromedary tractor with semitrailer, stinger-steered by having 
the kingpin located five (5) feet to the rear of the centroid of the rear 
axle(s) 75 feet. 

(g) When a dromedary combination transporting class 1 explosive mate- 
rials and/or any munitions-related security material as specified by the 
U.S. department of defense in compliance with 49 CFR 177.835, not 
meeting the stinger-steer requirement as defined in subsection (3)(f) of 

this section, up to 75 feet. 

(h) When a dromedary tractor with semitrailer, not meeting the 
stinger-steer requirement as defined in subsection (3)(f) of this 

section 65 feet. 

(i) When an auto transporter or boat transporter, stinger-steered as 
defined in subsection (3)(f) of this section, excluding front and rear 

overhang of load 75 feet. 

(j) When an auto transporter or boat transporter, not meeting the 
stinger-steer requirement as defined in subsection (3)(f) of this section, 

excluding front and rear overhang of load 65 feet. 

(k) When a truck tractor with stinger-steered pole trailer or log 

dolly, connected by a reach or pole, or a combination used for trans- 
porting long loads such as poles, pipes, logs or structural members 
generally capable of sustaining themselves as beams between sup- 
porting bunks or connections 75 feet. 

(4) The overhang or extension of a load shall not extend: 

(a) Beyond the front of a vehicle, more than 4 feet. 

(b) Beyond the end of a vehicle, more than 10 feet. 

(c) Beyond the left fender of a passenger vehicle, more than feet. 

(d) Beyond the right fender of a passenger vehicle, more 

than 6 inches. 

(e) To the front and rear combined of an auto transporter or boat 
transporter, more than 7 feet. 

(5) Noncargo-carrying devices necessary for the safe and efficient opera- 



49-1210 MOTOR VEHICLES 124 

tion of the vehicle, as determined by the board, shall not be included in 
measurement for length. 

(6) No combination shall include more than three (3) units except when a 
saddlemount combination and the overall length allowed is: 

(a) On the national network 97 feet. 

(b) Other than the national network 75 feet. 

(7) Vehicle combinations consisting of not more than four (4) vehicle units 
with an overall length in excess of the limits of subsection (3) of this section 
and with an overall combination length not to exceed one hundred fifteen 
(115) feet, may be operated by permit on routes designated for such 
operations by the public highway agency having jurisdiction over that 
highway system, subject to the following restrictions as to lengths of 
cargo-carrying units: 

(a) Truck tractor and two (2) trailing units 95 feet. 

(b) Truck tractor and three (3) trailing units 95 feet. 

(c) Truck and two (2) trailing units 98 feet. 

History. § 3, p. 691; am. 1993, ch. 123, § 1, p. 313; am. 

I.C., § 49-913, as added by 1986, ch. 287, 1993, ch. 334, § 4, p. 1234; am. 1995, ch. 72, 

§ 3, p. 719; am. 1988, ch. 104, § 1, p. 191; am. § 2, p. 183; am. 2000, ch. 101, § 2, p. 222; am. 

and redesig. 1988, ch. 265, § 281, p. 549; am. 2000, ch. 253, § 1, p. 718; am. 2003, ch. 52, 

1989, ch. 310, § 24, p. 769; am. 1989, ch. 408, § 1, p. 191; am. 2003, ch. 239, § 1, p. 617; am. 

§ 3, p. 996; am. 1992, ch. 230, § 1, p. 687; am. 2005, ch. 85, § 1, p. 301; am. 2007, ch. 20, § 2, 

1992, ch. 231, § 1, p. 689; am. 1992, ch. 232, p. 31; am. 2011, ch. 328, § 1, p. 962. 

STATUTORY NOTES 

Amendments. paragraphs (1Kb) and (l)(c) as present (l)(c) 

The 2011 amendment, by ch. 328, added and (l)(d). 
paragraph (l)(b) and redesignated former 

CHAPTER 12 
MOTOR VEHICLE FINANCIAL RESPONSIBILITY 

SECTION. SECTION. 

49-1223. Exceptions from chapter. 49-1234. Online insurance verification sys- 

49-1224. Self-insurers. tern — Peace officer duties — 

49-1232. Certificate or proof of liability insur- Rulemaking. [Effective Janu- 

ance to be carried in motor ary 1, 2014.] 

vehicle. 

49-1210. Certificate of insurance as proof. [Null and void, effective 
June 30, 2014.] 

STATUTORY NOTES 

Effective Dates. Committee and the House Transportation 
Section 2 of S.L. 2003, ch. 236, as amended and Defense Committee on progress that the 
by S.L. 2009, ch. 147, § 1, provides: "The department is making toward upgrading and 
provisions of this act shall be null, void and of implementing the Division of Motor Vehicle's 
no force and effect on and after June 30, 2014. automated system. Such report shall be sub- 
Beginning January 1, 2010, the department mitted no later than January 1 of each year." 
shall report to the Senate Transportation 



125 MOTOR VEHICLE FINANCIAL RESPONSIBILITY 49-1224 

49-1212. Expressed, permitted and implied provisions of motor 
vehicle liability policy. 

JUDICIAL DECISIONS 

Analysis 

Permissive use. 
Supplemental insurance. 

Permissive Use. down limits for household members under an 
District court properly determined that a insured's primary motor vehicle policy, is not 
vehicle's owner gave the driver permission to applicable to supplemental liability (urn- 
drive where the owner's instruction to the brella) policies. Farm Bureau Mut. Ins. Co. v. 
driver to drive the vehicle to a gas station and Schrock, 150 Idaho 817, 252 P.3d 98 (2011). 
back constituted express permission to oper- Under subsection (6), an insurer can pro- 
ate the vehicle. Or. Mut. Ins. Co. v. Farm vide SU ppi em ental coverage under an urn- 

^2009^* ^ ^ ^ ^ brella P ° liCy With ° Ut sub J ectin S itself to the 

WOOy). statutory mandates that apply to a motor 

Supplemental Insurance. vehicle liability policy. Farm Bureau Mut. Ins. 

The 2007 amendment of subsection (12), Co. v. Schrock, 150 Idaho 817, 252 P.3d 98 

prohibiting insurers from providing step- (2011). 

49-1223. Exceptions from chapter. — (1) This chapter shall not 
apply with respect to any motor vehicle owned by the United States, the 
state, any municipality or other political subdivision. 

(2) Sections 49-1212, 49-1229, 49-1230 and 49-1232, Idaho Code, shall 
not apply to vehicles denned in section 67-7101, Idaho Code, provided that 
the owner or operator of such vehicle has procured other liability insurance 
applicable to the use of the vehicle upon public roads consistent with section 
49-1428, Idaho Code. Such other liability insurance coverage is not required 
to meet the policy requirements stated in sections 49-1212 and 49-1229, 
Idaho Code. 

History. 1988, ch. 265, § 313, p. 549; am. 2009, ch. 

1947, ch. 256, § 33, p. 706; am. and redesig. 159, § 1, p. 477. 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2009 amendment, by ch. 159, added the Section 2 of S.L. 2009, ch. 159 declared an 

subsection (1) designation and added subsec- emergency. Approved April 9, 2009. 
tion (2). 

49-1224. Self-insurers. — (1) Any person in whose name more than 
twenty-five (25) motor vehicles are registered and titled in Idaho, or engaged 
in the operation of a railroad, street railway system or public utility subject 
to the regulation of the public utilities commission irrespective of the 
number of vehicles registered, may qualify as a self-insurer by obtaining a 
certificate of self-insurance issued by the department. 

(2) The department may, in its discretion, issue a certificate of self- 
insurance and certificate of liability insurance in a form as the department 
prescribes when the department is satisfied that the person is possessed and 
will continue to be possessed of ability to pay judgments obtained against 



49-1232 MOTOR VEHICLES 126 

that person upon application, and providing a statement by a certified public 
accountant attesting the applicant's net worth is five hundred thousand 
dollars ($500,000), a list of vehicles and an application fee of seventy dollars 
($70.00) which shall be deposited in the state highway account. 

(3) The self-insurer will be required to submit an annual financial 
statement showing net worth of five hundred thousand dollars ($500,000), a 
list of vehicles and a seventy dollar ($70.00) issue fee to be deposited in the 
state highway account. 

(4) Upon not less than five (5) days' notice and a hearing pursuant to the 
notice, the department may upon reasonable grounds cancel a certificate of 
self-insurance. Failure to pay any judgment within thirty (30) days after a 
judgment shall have become final shall constitute a reasonable ground for 
the cancellation of a certificate of self-insurance. 

History. am. and redesig. 1988, ch. 265, § 314, p. 549; 

1947, ch. 256, § 34, p. 706; am. 1974, ch. 27, am. 1992, ch. 115, § 30, p. 345; am. 2009, ch. 
§ 167, p. 811; am. 1982, ch. 95, § 99, p. 185; 331, § 6, p. 947. 

STATUTORY NOTES 

Amendments. this section, should be expended on improve- 

The 2009 amendment, by ch. 331, in sub- ments to the Division of Motor Vehicle's tech- 
sections (2) and (3), substituted "seventy dol- nology operations and improvements, 
lars ($70.00)" for "forty dollars ($40.00)" or «( c ) Third, any moneys remaining after the 
similar language. expenditures relating to subsections (a) and 
Legislative Intent. 'k) of this section, should be spent on depart- 

Section 1 of S.L.2009, ch. 331 provided: ment technology operations and improve- 

"Legislative Intent. It is the intent of the ments including, but not limited to: pave- 

Legislature that the moneys raised through ment, maintenance, scheduling and financial 

the increase in fees authorized by the provi- electronic management systems, 

sions of this act be expended in the following "(d) The department should review approx- 

order on and for the following: imately every five (5) years the fees provided 

"(a) First, moneys raised from the increase for in this act and recommend appropriate 

in fees should be expended to address any changes to such fees in the Legislature." 
revenue deficit or shortfall that the Division 

of Motor Vehicles is operating under as of Effective Dates. 

June 30, 2009. Section 9 of S.L. 2009, ch. 331 provided that 

"(b) Second, any moneys remaining after the act should take effect on and after Janu- 

the expenditures relating to subsection (a) of ary 1, 2010. 

49-1232. Certificate or proof of liability insurance to be carried 
in motor vehicle. — (DA certificate or proof of liability insurance shall be 
in the possession of the operator of every motor vehicle or present in every 
motor vehicle at all times when the vehicle is operated within this state. The 
certificate or proof of liability insurance shall be provided for inspection to 
any peace officer upon request to the operator of any motor vehicle. No 
person shall be convicted of violating this section if that person produces at 
any time prior to conviction the certificate or proof of liability insurance 
covering the motor vehicle that person is accused of operating in violation of 
this section, where the certificate or proof of liability insurance demon- 
strates the existence of liability insurance described in section 49-1212, 
Idaho Code, which was in effect at the time of occurrence of the violation. 
The certificate or proof of liability insurance required by this section may be 
produced in either paper or electronic format. Acceptable electronic formats 



127 MOTOR VEHICLE FINANCIAL RESPONSIBILITY 49-1234 

include display of electronic images on a cellular phone or any other type of 
portable electronic device. 

(2) If the court has not ordered the department to suspend the driving 
privileges of any person convicted of a violation of the provisions of this 
section, the department may rescind the suspension action, only if the driver 
can prove by sufficient evidence that the legally required motor vehicle 
insurance or other required evidence of financial responsibility was in force 
and effect at the time of the issuance of the citation. No reinstatement fee 
will be assessed for rescinding the suspension action under this section. 

(3) It is an infraction punishable by a fine of seventy-five dollars ($75.00) 
for any person to violate the provisions of this section for the first time. A 
second and any subsequent conviction for a violation of the provisions of this 
section or the provisions of section 49-1229 or 49-1428, Idaho Code, within 
five (5) years shall be a misdemeanor, punishable by a fine not exceeding one 
thousand dollars ($1,000), or by imprisonment in the county jail not 
exceeding six (6) months, or both. The department shall notify any person 
convicted of a violation of this section of the penalties which may be imposed 
for a second and any subsequent conviction. 

History. am. 1998, ch. 275, § 1, p. 906; am. 1998, ch. 

I.C., § 49-245, as added by 1979, ch. 150, 423, § 4, p. 1335; am. 1999, ch. 81, § 19, p. 

§ 1, p. 463; am. and redesig. 1988, ch. 265, 237; am. 2012, ch. 147, § 1, p. 417. 
§ 320, p. 549; am. 1990, ch. 432, § 5, p. 1198; 

STATUTORY NOTES 

Amendments. 

The 2012 amendment, by ch. 147, added the 
last two sentences in subsection (1). 

49-1234. Online insurance verification system — Peace officer 
duties — Rulemaking. [Effective January 1, 2014.] — (1) The depart- 
ment shall establish and maintain an online insurance verification system 
for motor vehicle insurance coverage required by the provisions of this 
chapter, subject to the following: 

(a) The department shall consult with representatives of the insurance 
industry to determine the objectives, details and deadlines relating to the 
verification system; 

(b) The verification system shall be accessible through the internet, world 
wide web or a similar proprietary or common carrier electronic system by 
authorized personnel of the department, department of insurance, courts, 
law enforcement entities and of any other entity authorized by the 
department; 

(c) The verification system shall provide for direct inquiry and response 
between the department and insurance carriers, or such other method of 
inquiry and response as agreed to by the department and individual 
insurance carriers, and direct access to insurers' records by personnel 
authorized by the department; 

(d) The verification system shall be capable of sending inquiries to and 
receiving responses from insurers for the purpose of verifying current 



49-1234 MOTOR VEHICLES 128 

motor vehicle insurance coverage via web services established by insurers 
through the internet, world wide web or a similar proprietary or common 
carrier electronic system, in compliance with the specifications and 
standards of the insurance industry committee on motor vehicle admin- 
istration (IICMVA), provided that the department shall promulgate rules 
to provide insurers an alternative method for reporting motor vehicle 
insurance policy data rather than establishing web services or utilizing 
IICMVA's insurance data transfer guide; 

(e) With the exception of unplanned system outages, the verification 
system shall be available twenty-four (24) hours a day to verify the 
insurance status of any motor vehicle registered in this state through the 
vehicle's identification number, policy number, registered owner's name or 
other identifying characteristic or marker; provided that a reasonable 
amount of downtime may be allotted for planned system outages; 

(f) The verification system shall include appropriate provisions, consis- 
tent with IICMVA standards, to secure its data against unauthorized 
access and to maintain a record of all information requests; and 

(g) All information exchanged between the department and insurance 
companies, any database created, all information contained in the verifi- 
cation system and all reports, responses or other information generated 
for the purposes of the verification system shall be exempt from disclosure 
as provided in section 9-340C, Idaho Code. 

(2) As a condition for writing motor vehicle liability insurance policies in 
this state, insurance carriers shall cooperate with the department in 
establishing and maintaining the insurance verification system and shall 
provide access to motor vehicle insurance policy status information as may 
be provided in rules promulgated by the department. 

(3) Insurers that make good faith efforts to comply with the provisions of 
this section shall be immune from civil or administrative liability related to 
this section. 

(4) Peace officers shall access information from the online insurance 
verification system to verify the current validity of motor vehicle liability 
insurance. If insurance is verified, then the peace officer shall not issue a 
citation for an infraction violation of the provisions of section 49-1232, Idaho 
Code. 

(5) If an Idaho uniform citation is issued to a person for an infraction 
violation of the provisions of section 49-1232, Idaho Code, and it is 
subsequently found that the legally required motor vehicle insurance 
coverage was in force at the time of the issuance of the citation, then the 
court shall dismiss the citation without penalty and such citation shall not 
appear on the person's record. 

(6) This section shall not apply to any vehicle insured under commercial 
motor vehicle coverage and shall not apply to implements of husbandry. As 
used in this section, "commercial motor vehicle coverage" means an insur- 
ance policy that covers a business's vehicles and employees and is approved 
by the department of insurance. 

(7) The department may promulgate rules in accordance with the provi- 
sions of chapter 52, title 67, Idaho Code, to carry out the provisions of this 
section. 



129 TRAFFIC — ENFORCEMENT AND GENERAL PROVISIONS 49- 1401 A 

History. 

I.C., § 49-1234, as added by 2012, ch. 103, 
§ l; p. 275. 

STATUTORY NOTES 

Compiler's Notes. the act should take effect on and after Janu- 

The abbreviation enclosed in parentheses ary 1, 2014. 
so appeared in the law as enacted. 

Effective Dates. 

Section 3 of S.L. 2012, ch. 103 provided that 

CHAPTER 14 

TRAFFIC — ENFORCEMENT AND GENERAL 
PROVISIONS 

SECTION. SECTION. 

49-1401A. Texting while driving. 49- 1421 A. High occupancy vehicle lanes — 

49-1416. Record of traffic cases — Report of Penalties — Definitions, 

convictions to department. 

49-1401. Reckless driving. 

JUDICIAL DECISIONS 

Analysis 

Applicability. 
Arrest. 

Applicability. fenses covered by those sections. In re Loader, 

The requirement of unlawfulness under 11 406 B.R. 72 (Bankr. D. Idaho 2009). 
U.S.C.S. § 507(a)(10), which establishes a 

tenth-level priority for claims for death or Arrest. 

injury resulting from the operation of a motor Sections 49-1405 and 49-1407 provide offi- 

vehicle if such operation was unlawful be- cers sep arate authority to arrest for a misde- 

cause the debtor was intoxicated, could not be mean or traffic violation, including reckless 

established by proof of a violation of §§ 18- driving . state v. Jones, 151 Idaho 943, 265 

901 or 18-903 or this section, because intoxi- pg^ -^55 (Ct Add 2011) 
cation is not a separate element of the of- 

49-1401A. Texting while driving. — (1) As used in this section, 
"texting" means engaging in the review of, or manual preparation and 
transmission of, written communications via handheld wireless devices. 
This definition does not include voice-operated or hands free devices that 
allow the user to review, prepare and transmit a text message without the 
use of either hand except to activate, deactivate or initiate a feature or 
function. 

(2) Texting, as that term is defined in subsection (1) of this section, while 
driving a moving motor vehicle shall constitute an infraction provided this 
does not apply to voice-operated or hands free devices that allow the user to 
review, prepare and transmit a text message without the use of either hand 
except to activate, deactivate or initiate a feature or function. Every person 
who violates this section shall be guilty of an infraction. A conviction under 



49-1404 



MOTOR VEHICLES 



130 



this section shall not result in violation point counts as prescribed in section 
49-326, Idaho Code. In addition, a conviction under this section shall not be 
deemed to be a moving traffic violation for the purpose of establishing rates 
of motor vehicle insurance charged by a casualty insurer. 

History. 

I.C., § 49-1401A, as added by 2012, ch. 301, 
§ 1, p. 824. 

49-1404. Fleeing or attempting to elude a peace officer — Penalty. 

JUDICIAL DECISIONS 

Analysis 

De facto seizure. 
Multistate flight. 



De Facto Seizure. 

Police officers' actions, stopping near defen- 
dant's parked car and turning on the police 
vehicles' overhead lights, were a show of au- 
thority that would convey to a reasonable 
person that the officers were ordering him to 
restrict his movement, creating a de facto 
seizure when defendant submitted to their 
authority. State v. Willoughby, 147 Idaho 482, 
211 P.3d 91 (2009). 

Multistate Flight. 

Defendant's prosecution for eluding a peace 



officer in violation of this section, following a 
conviction in Washington on the same charge, 
stemming from a high-speed chase across 
both states, was not precluded by § 19-315, 
because the act that was the basis for the 
charge in Idaho was not the same act that 
gave rise to charges in Washington, and at no 
time did the two states share venue over an 
act which was charged as a public offense. 
The defendant acted in Idaho, followed by an 
action in Washington. State v. Madden, 147 
Idaho 886, 216 P.3d 644 (Ct. App. 2009). 



49-1405. Arrests for serious offenses. 

JUDICIAL DECISIONS 

Analysis 

Arrest. 
Probable cause. 



Arrest. 

Section 49-1407 and this section provide 
officers separate authority to arrest for a 
misdemeanor traffic violation, including reck- 
less driving. State v. Jones, 151 Idaho 943, 
265 P3d 1155 (Ct. App. 2011). 

While § 49-1409 restricts general arresting 
authority for misdemeanor traffic violations, 
subsection (1) of this section and § 49-1407 
simultaneously grant arresting authority in 
certain situations. Specifically, arresting au- 
thority is granted in this section in relation to 
seven listed offenses that the state legislature 



finds sufficiently serious to justify an arrest. 
In contrast, § 49-1407 grants officers discre- 
tion to arrest when an officer has reasonable 
grounds to believe a person will disregard the 
promise to appear in court, where a person is 
charged with a violation relating to the re- 
fusal of a driver to submit a vehicle to an 
inspection or test, or where a person is 
charged with the failure or refusal of the 
driver to submit the vehicle and load to a 
weigh in or to remove excess weight. State v. 
Jones, 151 Idaho 943, 265 P.3d 1155 (Ct. App. 
2011). 



RESEARCH REFERENCES 



A.L.R. — When does use of taser constitute 
violation of constitutional rights. 45 A.L.R.6th 
1. 



131 TRAFFIC — ENFORCEMENT AND GENERAL PROVISIONS 49-1416 

49-1407. When peace officer has option to take person before a 
magistrate. 

JUDICIAL DECISIONS 

Basis for Arrest. finds sufficiently serious to justify an arrest. 
Section 49-1405 and this section provide In contrast, this section grants officers discre- 
officers separate authority to arrest for a tion to arrest when an officer has reasonable 
misdemeanor traffic violation, including reck- grounds to believe a person will disregard the 
less driving. State v. Jones, 151 Idaho 943, promise to appear in court, where a person is 
265 P.3d 1155 (Ct. App. 2011). charged with a violation relating to the re- 
While § 49-1409 restricts general arresting fusal of a driver to submit a vehicle to an 
authority for misdemeanor traffic violations, inspection or test, or where a person is 
subsection (1) of § 49-1405 and this section charged with the failure or refusal of the 
simultaneously grant arresting authority in driver to submit the vehicle and load to a 
certain situations. Specifically, arresting au- weigh in or to remove excess weight. State v. 
thority is granted in § 49-1405 in relation to Jones, 151 Idaho 943, 265 P.3d 1155 (Ct. App. 
seven listed offenses that the state legislature 2011). 

49-1409. Issuance of traffic citation. 

JUDICIAL DECISIONS 

Arrest. reasonable grounds to believe a person will 

While this section restricts general arrest- disregard the promise to appear in court, 

ing authority for misdemeanor traffic viola- where a person is charged with a violation 

tions, subsection (1) of § 49-1405 and § 49- relating to the refusal of a driver to submit a 

1407 simultaneously grant arresting vehicle to an inspection or test, or where a 

authority in certain situations. Specifically, person is charged with the failure or refusal of 

arresting authority is granted in § 49-1405 in the driver to submit the vehicle and load to a 

relation to seven listed offenses that the state wei h in or to remoye excegs wei ht State y 

legislature finds sufficiently serious to justly j m Idaho 943 265 p 3d n55 (Ct A 

an arrest. In contrast, § 49-1407 grants ofn- onii\ 
cers discretion to arrest when an officer has 

49-1416. Record of traffic cases — Report of convictions to de- 
partment. — (1) Every magistrate or judge of a court shall keep or cause 
to be kept a record of every traffic complaint, traffic citation, or other legal 
form of traffic charge deposited with or presented to the court, and shall 
keep a record of every official action by the court in reference thereto, 
including a record of every conviction, forfeiture resulting from every traffic 
complaint or citation deposited with or presented to the court. 

(2) Within ten (10) days after a conviction or forfeiture of bail of a person 
upon a charge of violating any provision of this title or other law regulating 
the operation of vehicles on highways, the magistrate of the court or clerk of 
the court of record in which the conviction was had or bail was forfeited shall 
prepare and immediately forward to the department, either by paper or 
electronically, an abstract of the record of the court covering the case in 
which the person was convicted or forfeited bail. The abstract shall be 
certified by the person required to prepare the abstract to be true and 
correct. A report need not be made of any conviction involving the illegal 
parking or standing of a vehicle. 

(3) The abstract, whether paper or electronic, shall be made upon a form 
as prescribed by the supreme court and shall include the name and address 
of the party charged, the number if any of his driver's license, the 



49-1421A MOTOR VEHICLES 132 

registration number of the motor vehicle involved, the nature of the offense, 
the date of hearing, the plea, the judgment, or whether bail was forfeited, 
and the amount of the fine or forfeiture as applicable. 

(4) Every court of record shall also forward a like report to the depart- 
ment upon the conviction of any person of manslaughter or other felony in 
the commission of which a vehicle was used. 

(5) Courts shall not mask, defer imposition of judgment, or allow the 
holder of a commercial driver's license or a person cited while operating a 
commercial motor vehicle, to enter into a diversion program that would 
prevent a conviction in any jurisdiction of a violation of a state or local traffic 
control law, excluding a parking violation, from appearing on the driver's 
record. 

(6) The failure, refusal, or neglect of any judicial officer to comply with 
any of the requirements of this section shall constitute misconduct in office 
and shall be grounds for removal. 

(7) The department shall keep all abstracts received in either electronic 
format or on microfilm, and abstracts shall be open to public inspection 
during reasonable business hours with the exception of personal informa- 
tion which may be exempt from disclosure as otherwise provided by law. 

History. 345; am. 1998, ch. 110, § 30, p. 375; am. 2006, 

1953, ch. 273, § 188, p. 478; am. 1982, ch. ch. 164, § 10, p. 489; am. 2010, ch. 49, § 4, p. 

95, § 74, p. 185; am. and redesig. 1988, ch. 89. 
265, § 352, p. 549; am. 1992, ch. 115, § 34, p. 

STATUTORY NOTES 

Amendments. ing "driver's license" and deleted "committed 

The 2010 amendment, by ch. 49, in subsec- in any type of motor vehicle" preceding "of a 

tion (5), inserted "or a person cited while state or local traffic control law." 
operating a commercial motor vehicle" follow- 

49-1421A. High occupancy vehicle lanes — Penalties — Defini- 
tions. — (1) Except as provided in subsections (2) and (3) of this section, a 
person shall not drive a vehicle carrying fewer than two (2) persons, 
including the driver, in a high occupancy vehicle lane at any time the use of 
the high occupancy vehicle lane is restricted to vehicles carrying two (2) or 
more persons, including the driver. 

(2) A person may drive a motorcycle in a high occupancy vehicle lane at 
any time regardless of the number of passengers, without penalty. 

(3) A person may drive a public transportation vehicle in a high occu- 
pancy vehicle lane at any time regardless of the number of passengers, 
without penalty. 

(4) A person may drive an emergency vehicle in a high occupancy vehicle 
lane regardless of the number of passengers, without penalty, when re- 
sponding to an emergency call, or when in the pursuit of an actual or 
suspected violator of the law, or when responding to but not upon returning 
from a fire alarm or when performing normal patrol duties. 

(5) A person may drive an authorized maintenance vehicle in a high 
occupancy vehicle lane regardless of the number of passengers, without 
penalty, when necessary to perform maintenance of that lane. 



133 TRAFFIC INFRACTIONS 49-1502 

(6) Any violation of the provisions of this section shall be an infraction 
punishable by a fixed penalty of one hundred dollars ($100). 

(7) For the purposes of this section, the following terms have the 
following meanings: 

(a) "High occupancy vehicle lane" means a designated lane of laned 
roadway where the use of such designated lane is restricted to vehicles 
carrying at least the minimum number of persons as provided for in this 
section and as designated by the director of the Idaho transportation 
department as indicated on official signs and other official traffic-control 
devices. 

(b) "Public transportation vehicle" means a vehicle that: 

(i) Provides a designated public transportation as defined in section 
221 of the Americans with disabilities act of 1990 or provides public 
school transportation (that is, to and from public or private primary, 
secondary or tertiary schools); and 

(ii) Is owned or operated by a public entity, or is operated under a 
contract with a public entity, or is operated pursuant to a license by the 
secretary of the United States department of transportation or an 
agency of the state of Idaho, to provide motorbus or school vehicle 
transportation services to the public. 

(8) The provisions of this section shall apply only in counties with a 
population less than twenty-five thousand (25,000), according to the most 
recent census within the state of Idaho, and where such county includes a 
resort city authorized to approve certain nonproperty taxes pursuant to 
section 50-1044, Idaho Code. 

History. 

I.C., § 49-1421A, as added by 2009, ch. 192, 
§ 1, p. 626. 

STATUTORY NOTES 

Compiler's Notes. ties act of 1990, referred to in paragraph 

Section 221 of the Americans with disabili- (7)(b)(i), is codified as 42 USCS § 12141. 

CHAPTER 15 
TRAFFIC INFRACTIONS 

49-1502. Procedure for processing infraction citations. 

JUDICIAL DECISIONS 

Cited in: State v. Estes, 148 Idaho 345, 223 
P.3d 287 (Ct. App. 2009). 



49-1602 MOTOR VEHICLES 134 

CHAPTER 16 
DEALERS AND SALESMEN LICENSING 

SECTION. SECTION. 

49-1602. Administration — Powers and du- 49-1626. Payment for delivery preparation 
ties. and warranty service. 

49-1603. Dealer advisory board. 49-1627. Use of dealer and manufacturer li- 

49-1607. Fees — Funds — Expenses — Expi- cense plate. 

ration of licenses. 49-1637. Education requirements for vehicle 

49-1613. Unlawful acts by licensee. dealers 

49-1614. Termination, cancellation or 
nonrenewal. 

49-1602. Administration — Powers and duties. — The department 
shall: 

(1) Issue, and for reasonable cause shown, refuse to issue an applicant 
any license authorized under the provisions of this chapter. The department 
may refuse to issue a license to any applicant, other than a partnership or 
corporation, if the applicant fails to comply with the terms and provisions of 
this chapter or the rules of the board, or if the applicant has been convicted 
of a violation of any of the provisions of this chapter or chapter 5, title 49, or 
section 49-1418 or chapter 6, title 48, Idaho Code, or of any federal odometer 
law or regulation. Should the applicant be a partnership or a corporation, 
the department may refuse to issue a license to the applicant where it 
determines that one (1) or more of the partners of a partnership, or one (1) 
or more of the stockholders or officers of a corporation, was previously the 
holder of a license which was revoked or suspended, and the license revoked 
never reissued or the suspended license never reinstated, or that one (1) or 
more of the partners, stockholders, or officers, though not previously the 
holder of a license, has violated any of the provisions of this chapter or of an 
applicable rule or regulation, or of federal motor vehicle safety standards. 

(2) For just cause shown, revoke or suspend, on terms, conditions, and for 
a period of time as the department shall consider fair and just, any license 
or licenses issued pursuant to the provisions of this chapter. No license shall 
be revoked or suspended unless it shall be shown that the licensee has 
violated a provision of this chapter or of an applicable rule or regulation, or 
of federal motor vehicle safety standards. 

(3) On its own motion, upon the sworn complaint of any person, investi- 
gate any suspected or alleged violation by a licensee of any of the provisions 
of this chapter or of an applicable rule or regulation. 

(4) Prescribe forms for applications for licenses and qualifications for an 
applicant for licensure. Every application for a license shall contain, in 
addition to other information required by the department, the following: 

(a) The name and residence address of the applicant and the trade name, 
if any, under which he intends to conduct his business. If the applicant is 
a copartnership, the name and residence address of each member, 
whether a limited or general partner, and the name under which the 
partnership business is to be conducted. If the applicant is a corporation, 
the name of the corporation and the name and address of each of its 
principal officers and directors. 



135 DEALERS AND SALESMEN LICENSING 49-1602 

(b) A complete description, including the city with the street number, of 
the principal place of business and any other and additional places of 
business operated and maintained by the applicant in conjunction with 
the principal place of business. 

(c) Copies of any letters of franchise for new vehicles that the applicant 
has been enfranchised to sell or exchange, and the name or names and 
addresses of the manufacturer or distributor who has enfranchised the 
applicant. 

(d) Names and addresses of the persons who shall act as salesmen under 
the authority of the license, if issued. 

(e) A copy of the certificate of assumed business name, if required, shall 
be filed with the secretary of state. 

(f) For a manufacturer's license, the name or names and addresses of 
each and every distributor, factory branch, and factory representative. 

(g) For a salesman's license, certification by the dealer by whom the 
salesman will be employed, that he has examined the background of the 
applicant, and to the best of the dealer's knowledge, is qualified to be 
licensed under the sponsorship of the licensed dealer. 

(h) Before a dealer who is not exempted from the continuing education 
requirements as provided in section 49-1637(2), Idaho Code, may apply 
for a renewal of a vehicle dealer's license, he shall provide to the 
department a certification from an accredited educational system, private 
vocational school, correspondence school or trade association approved by 
the department stating that the vehicle dealer has satisfied the four (4) 
hour continuing education requirements as specified in section 49- 
1637(1), Idaho Code. 

(i) Before any vehicle dealer's license is issued by the department to an 
applicant who is not licensed with the department as a dealer within the 
previous twelve (12) calendar months and who is not exempted from the 
continuing education requirements as provided in section 49-1637(2), 
Idaho Code, the applicant shall provide to the department a certification 
from an accredited educational institution, private vocational school, 
correspondence school or trade association approved by the department 
stating that the applicant has satisfactorily completed the prelicensing 
class or program requirements, including a written examination of 
material presented, specified in section 49-1637(1), Idaho Code. 

(5) Refuse to issue any license under the provisions of this chapter if, 
upon investigation, the department finds that any information contained in 
the application is incomplete, incorrect or fictitious. 

(6) Require that a dealer's principal place of business, and other locations 
operated and maintained by him in conjunction with his principal place of 
business, have erected or posted signs or devices providing information 
relating to the dealer's name, location and address of the principal place of 
business, and the number of the license held by the dealer. 

(7) Provide for regular meetings of the dealer advisory board, to be held 
not less frequently than semiannually. Notices of meetings of the advisory 
board shall be mailed to all members not less than five (5) days prior to the 
date on which the meeting is to be held. 



49-1603 MOTOR VEHICLES 136 

(8) Inspect, prior to licensing, the principal place of business and other 
sites or locations as may be operated and maintained by the applicant. 

(9) Seek and consider the advisory board's recommendations and com- 
ments regarding proposed rules promulgated for the administration of the 
provisions of this chapter. 

(10) Require the attendance of not less than one (1) or more than three (3) 
advisory board members at all hearings held relating to this chapter. 

History. 242; am. and redesig. 1988, ch. 265, § 375, p. 

1965, ch. 290, § 3, 759; am. 1967, ch. 62, 549; am. 1991, ch. 272, § 6, p. 686; am. 1998, 

§ 3, p. 127; am. 1974, ch. 27, § 170, p. 811; ch. 392, § 20, p. 1197; am 2003, ch. 98, § 1, p. 

am. 1978, ch. 243, § 3, p. 521; am. 1982, ch. 315; am. 2010, ch. 329, § 1, p. 873. 
95, § 108, p. 185; am. 1985, ch. 117, § 6, p. 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2010 amendment, by ch. 329, substi- Section 3 of S.L. 2010, ch. 329 provided that 

tuted "has satisfactorily completed the the act should take effect on and after Janu- 
prelicensing class or program requirements, a ry 1, 2011. 
including a written examination of material 
presented" for "has satisfactorily completed 
the open book examination requirement" near 
the end of paragraph (4)(i). 

49-1603. Dealer advisory board. — (1) There shall be a dealer 
advisory board to consist of eleven (11) members to assist and advise the 
department in the administration of the provisions of this chapter. Five (5) 
members shall be appointed from licensed dealers selling new vehicles, four 
(4) members appointed from licensed dealers selling used vehicles, one (1) 
member shall be appointed from licensed dealers selling new recreational 
vehicles and one (1) nonvoting member shall be appointed to represent new 
and used motorcycle and ATV dealers. The governor shall appoint the board 
with consideration to recommendations of the board of directors of the Idaho 
Automobile Dealers Association, recommendations of the board of directors 
of the Recreational Vehicle Dealers Association of Idaho and recommenda- 
tions of the Independent Dealer Association representing used vehicle 
dealers. The member who represents the new and used motorcycle and ATV 
dealers shall be a nonvoting member of the board and shall not have a vote 
on any question, matter or thing referred to the advisory board by the 
department. The term of office of each member shall be three (3) years. 
Vacancies occurring on the board other than by expiration of the term shall 
be filled for the unexpired term only, and each member of the board shall 
serve until his successor is appointed and qualified. Members of the advisory 
board shall be compensated as provided by section 59-509(b), Idaho Code, 
and payments of compensation shall be paid from the state highway account 
as part of the expenses of administering the provisions of this chapter. A 
majority of the members of the advisory board shall constitute a quorum, 
the presence of which at any meeting duly called by the department shall 
have full and complete power to act upon and resolve in the name of the 
advisory board any matter, thing or question referred to it by the depart- 



137 DEALERS AND SALESMEN LICENSING 49-1607 

ment, or which by reason of any provisions of this chapter, it has power to 
determine. 

(2) The advisory board on the first day of each July, or as soon thereafter 
as practicable, shall elect a chairman, vice-chairman and secretary from 
among its members, who shall hold office until their successors are elected. 
As soon as the board has elected its officers, the secretary shall certify the 
results of the election to the department. The chairman shall preside at all 
meetings of the advisory board and the secretary shall make a record of 
their proceedings. All members of the advisory board, except for the 
nonvoting member who represents the new and used motorcycle and ATV 
dealers, shall be entitled to vote on any question, matter, or thing which 
properly comes before it. 

History. 242; am. 1988, ch. 264, § 25, p. 519; am. and 

1965, ch. 290, § 4, p. 759; am. 1967, ch. 62, redesig. 1988, ch. 265, § 376, p. 549; am. 

§ 4, p. 127; am. 1974, ch. 27, § 171, p. 811; 1989, ch. 310, § 27, p. 769; am. 1991, ch. 272, 

am. 1980, ch. 247, § 47, p. 582; am. 1982, ch. § 7, p. 686; am. 1996, ch. 135, § 1, p. 460; am. 

95, § 109, p. 185; am. 1985, ch. 117, § 7, p. 2010, ch. 221, § 1, p. 494. 

STATUTORY NOTES 

Amendments. appointed to represent new and used motor- 

The 2010 amendment, by ch. 221, in sub- cycle and ATV dealers," and added the fourth 

section (1), in the first sentence, substituted sentence; and in the last sentence in subsec- 

"eleven (11) members" for "eight (8) mem- tion (2), inserted "except for the nonvoting 

bers," in the second sentence, substituted member who represents the new and used 

"four (4) members" for "two (2) members" and motorcycle and ATV dealers." 
added "and one (1) nonvoting member shall be 

49-1607. Fees — Funds — Expenses — Expiration of licenses. — 

(1) The department shall collect with each application for licensure, the 
following fees: 

(a) Dealer's, wholesale dealer's and vehicle manufacturer's license, initial 
application, two hundred dollars ($200), ten dollars ($10.00) of which shall 
be deposited in the county current expense fund. Renewal application, one 
hundred seventy-five dollars ($175). 

(b) Vehicle salesman's license, thirty-six dollars ($36.00), ten dollars 
($10.00) of which shall be deposited in the county current expense fund. 

(c) Distributor-factory branch-distributor branch license, one hundred 
seventy-five dollars ($175). 

(d) Representative's license, forty-four dollars ($44.00). 

(e) To reissue a license, salesman and dealer identification cards or other 
licensing documents at a dealer's request, not resulting from an error by 
the department, a fee of eighteen dollars ($18.00) per document. 

(f) Supplemental lot license or relocated principal place of business, and 
temporary supplemental lot, forty-four dollars ($44.00) for license issued 
to a single dealer. A fee of eighty-eight dollars ($88.00) for a license issued 
to a group of dealers for a temporary supplemental lot. 

(2) All fees shall be paid over to the state treasurer for credit to the state 
highway account out of which shall be paid the expenses of the department 
and the expenses incurred in enforcing the provisions of this chapter. 

(3) Dealer licenses, if not suspended or revoked, may be renewed from 



49-1613 



MOTOR VEHICLES 



138 



year to year upon the payment of the fees specified in this section to 
accompany applications, and renewals shall be made in accordance with the 
provisions of section 49-1634, Idaho Code. 

(a) There shall be twelve (12) licensing periods, starting with January 
and ending in December. A dealer's license shall be in effect from the 
month of initial licensing through the last day of the next year's calendar 
month that precedes the month of the initial licensing. 

(b) Any renewal license application received or postmarked after thirty 
(30) days from the end of the previous year's license period shall be 
processed as an initial application and initial fees shall be paid. 

(4) Salesman licenses, if not suspended or revoked, shall be valid for 
three (3) years from the date of issue provided that: 

(a) Employment remains with the sponsoring dealership; and 

(b) The sponsoring dealership has a valid license issued by the depart- 
ment. 

Renewals shall be issued in accordance with the provisions of section 
49-1635, Idaho Code. 



History. 

1965, ch. 290, § 8, p. 759; am. 1967, ch. 62, 
§ 6, p. 127; am. 1974, ch. 27, § 174, p. 811; 
am. 1978, ch. 243, § 4, p. 521; am. 1982, ch. 
95, § 111, p. 185; am. 1985, ch. 117, § 10, p. 



242; am. 1988, ch. 264, § 27, p. 519; am. and 
redesig. 1988, ch. 265, § 380, p. 549; am. 
1991, ch. 272, § 9, p. 686; am. 1993, ch. 297, 
§ 1, p. 1095; am. 1998, ch. 392, § 21, p. 1197; 
am. 2009, ch. 331, § 7, p. 947. 



STATUTORY NOTES 



Amendments. 

The 2009 amendment, by ch. 331, increased 
the fees throughout subsection (1). 

Legislative Intent. 

Section 1 of S.L. 2009, ch. 331 provided: 
"Legislative Intent. It is the intent of the 
Legislature that the moneys raised through 
the increase in fees authorized by the provi- 
sions of this act be expended in the following 
order on and for the following: 

"(a) First, moneys raised from the increase 
in fees should be expended to address any 
revenue deficit or shortfall that the Division 
of Motor Vehicles is operating under as of 
June 30, 2009. 

"(b) Second, any moneys remaining after 
the expenditures relating to subsection (a) of 
this section, should be expended on improve- 



ments to the Division of Motor Vehicle's tech- 
nology operations and improvements. 

"(c) Third, any moneys remaining after the 
expenditures relating to subsections (a) and 
(b) of this section, should be spent on depart- 
ment technology operations and improve- 
ments including, but not limited to: pave- 
ment, maintenance, scheduling and financial 
electronic management systems. 

"(d) The department should review approx- 
imately every five (5) years the fees provided 
for in this act and recommend appropriate 
changes to such fees in the Legislature." 

Effective Dates. 

Section 9 of S.L. 2009, ch. 331 provided that 
the act should take effect on and after Janu- 
ary 1, 2010. 



49-1613. Unlawful acts by licensee. — (1) It shall be unlawful for the 
holder of any license issued under the provisions of this chapter to: 

(a) Intentionally publish or circulate any advertising which is misleading 
or inaccurate in any material particular or which misrepresents any of the 
products sold or furnished by a licensed dealer; 

(b) Violate any of the provisions of this chapter or any of the applicable 
rules; 

(c) Knowingly purchase, sell or otherwise acquire or dispose of a stolen 
vehicle: 



139 DEALERS AND SALESMEN LICENSING 49-1613 

(d) Violate any law respecting commerce in vehicles or any lawful rule 
respecting commerce in vehicles promulgated by any licensing or regulat- 
ing authority now existing or hereafter created by the laws of the state; 

(e) Engage in the business for which the dealer is licensed without at all 
times maintaining a principal place of business; 

(f) Engage in a type of business respecting the selling or exchanging of 
vehicles for which he is not licensed; 

(g) Knowingly purchase a vehicle which has an altered or removed 
vehicle identification number plate or alter or remove a vehicle identifi- 
cation number plate; 

(h) Violate any provision of this title or any rules promulgated; 

(i) Violate any provision of the federal motor vehicle safety standards, 

federal odometer laws or regulations; or 

(j) Display for sale, exchange, or sell any vehicle for which the vehicle 

dealer does not hold title or consignment agreement or other documentary 

evidence of his right to the possession of every vehicle in his possession. 

(2) It shall be unlawful for any manufacturer or distributor licensed 
under this chapter to require, attempt to require, coerce, or attempt to 
coerce, any new vehicle dealer in this state to: 

(a) Order or accept delivery of any new vehicle, part or accessory, 
equipment or any other commodity not required by law which shall not 
have been voluntarily ordered by the new vehicle dealer. This paragraph 
is not intended to modify or supersede any terms or provisions of a 
franchise requiring dealers to market a representative line of vehicles 
which the manufacturer or distributor is publicly advertising. 

(b) Order or accept delivery of any new vehicle with special features, 
accessories or equipment not included in the list price of such vehicles as 
publicly advertised by the manufacturer or distributor. 

(c) Participate monetarily in an advertising campaign or contest, or to 
purchase any promotional materials, training materials, showroom or 
other display decorations or materials at the expense of the dealer. 

(d) Enter into any agreement with the manufacturer or distributor or to 
do any other act prejudicial to the dealer by threatening to terminate or 
cancel a franchise or any contractual agreement existing between the 
dealer and the manufacturer or distributor. This paragraph is not 
intended to preclude the manufacturer or distributor from insisting on 
compliance with reasonable terms or provisions of the franchise or other 
contractual agreement, and notice in good faith to any dealer of the 
dealer's violation of those terms or provisions shall not constitute a 
violation of the provisions of this chapter. 

(e) Change the capital structure of the dealer or the means by or through 
which the dealer finances the operation of the dealership, provided that 
the dealer at all times meets any reasonable capital standards determined 
by the manufacturer or distributor in accordance with uniformly applied 
criteria. No change in the capital structure shall cause a change in the 
principal management or have the effect of a sale of the franchise without 
the consent of the manufacturer or distributor. Consent shall not be 
unreasonably withheld. 



49-1613 MOTOR VEHICLES 140 

(f) Refrain from participation in the management of, investment in, or the 
acquisition of any other line of new vehicle or related products. This 
paragraph does not apply unless the dealer maintains a reasonable line of 
credit for each make or line of new vehicle, and the dealer remains in 
compliance with any reasonable facilities requirements of the manufac- 
turer or distributor, and no change is made in the principal management 
of the dealership. 

(g) Prospectively assent to a release, assignment, novation, waiver or 
estoppel which would relieve any person from liability to be imposed by 
this chapter or to require any controversy between a dealer and a 
manufacturer, distributor, or representatives, to be referred to any person 
other than the duly constituted courts of the state or the United States, or 
to the director, if that referral would be binding upon the dealer. 

(h) Either establish or maintain exclusive facilities, personnel, or display 
space. 

(i) Expand facilities without a written guarantee of a sufficient supply of 
new vehicles so as to justify an expansion, in light of the market and 
economic conditions. 

(j) Make significant modifications to an existing dealership or to con- 
struct a new vehicle dealership facility without providing a written 
guarantee of a sufficient supply of new vehicles so as to justify modifica- 
tion or construction, in light of the market and economic conditions. 
(3) It shall be unlawful for any manufacturer or distributor licensed 
under this chapter to: 

(a) Delay, refuse, or fail to deliver new vehicles or new vehicle parts or 
accessories in a reasonable time, and in reasonable quantity, relative to 
the dealer's facilities and sales potential in the dealer's relevant market 
area, after acceptance of an order from a dealer having a franchise for the 
retail sale of any new vehicle sold or distributed by the manufacturer or 
distributor, any new vehicle, parts or accessories to new vehicles as are 
covered by the franchise, if the vehicle, parts, or accessories are publicly 
advertised as being available for delivery or actually being delivered. 
These provisions are not violated, however, if failure is caused by acts or 
causes beyond the control of the manufacturer or distributor. 

(b) Refuse to disclose to any dealer handling the same line, the manner 
and mode of distribution of that line within the relevant market area. 

(c) Obtain money, goods, service, or any other benefit from any other 
person with whom the dealer does business, on account of, or in relation 
to, the transaction between the dealer and other person, other than for 
compensation for services rendered, unless the benefit is promptly ac- 
counted for, and transmitted to the dealer. 

(d) Increase prices of new vehicles which the dealer had ordered for 
consumers prior to the dealer's receipt of the written official price increase 
notification. A sales contract signed by a consumer shall constitute 
evidence of each such order, provided that the vehicle is in fact delivered 
to that customer. In the event of manufacturer or distributor price 
reductions or cash rebates paid to the dealer, the amount of any reduction 
or rebate received by a dealer shall be passed on to the private retail 



141 DEALERS AND SALESMEN LICENSING 49-1613 

consumer by the dealer. Price reductions shall apply to all vehicles in the 
dealer's inventory which were subject to the price reduction. Price 
differences applicable to new model or series shall not be considered a 
price increase or price decrease. Price changes caused by the addition to 
a vehicle of required or optional equipment, or revaluation of the United 
States dollar, in the case of foreign-make vehicles or components, or an 
increase in transportation charges due to increased rates imposed by a 
carrier, shall not be subject to the provisions of this subsection. 

(e) Release to any outside party, except under subpoena or as otherwise 
required by law or in an administrative, judicial or arbitration proceeding 
involving the manufacturer or distributor or dealer, any business, finan- 
cial, or personal information which may be provided from time to time by 
the dealer to the manufacturer or distributor without the express written 
consent of the dealer. 

(f) Deny any dealer the right of free association with any other dealer for 
any lawful purpose. 

(g) Unfairly compete with a dealer in the same line make, operating 
under an agreement or franchise from the aforementioned manufacturer 
or distributor, in the relevant market area. A manufacturer or distributor 
shall not, however, be deemed to be competing when operating a dealer- 
ship either temporarily for a reasonable period, in any case not to exceed 
one (1) year, or in a retail operation which is for sale to any qualified 
independent person at a fair and reasonable price, or in a relationship in 
which an independent person has made a significant investment subject 
to loss in the dealership and can reasonably expect to acquire full 
ownership of that dealership on reasonable terms and conditions. Upon a 
showing of good cause by the manufacturer or distributor to the depart- 
ment, the period of temporary ownership may be extended up to one (1) 
additional year, resulting in a maximum temporary ownership period of 
two (2) years. 

(h) Unfairly discriminate among its dealers with respect to warranty 
reimbursement. 

(i) Unreasonably withhold consent to the sale, transfer, or exchange of 
the franchise to a qualified buyer capable of being licensed as a dealer in 
this state or to condition the sale, transfer, or exchange of a franchise 
agreement upon site control or an agreement to renovate or make 
improvements to a facility, unless required by the technology of a motor 
vehicle being sold at the facility Provided however, that a voluntary 
acceptance of such conditions by the dealer in writing including, but not 
limited to, a written agreement for which the dealer has accepted separate 
and valuable consideration, shall not constitute a violation. 
(j) Fail to respond in writing to a request for consent as specified in 
paragraph (i) of this section [subsection] within sixty (60) days of receipt 
of a written request on the forms, if any, generally utilized by the 
manufacturer or distributor for those purposes and containing the re- 
quired information. Failure to respond shall be deemed to be consent to 
the request. 

(k) Prevent or attempt to prevent, by contract or otherwise, any dealer 
from changing the executive management control of the dealership unless 



49-1613 MOTOR VEHICLES 142 

the manufacturer or distributor, having the burden of proof, can show that 
the change of executive management will result in executive management 
or control by a person or persons who are not of good moral character or 
who do not meet reasonable, preexisting and, with consideration given to 
the volume of sales and service of the dealership, uniformly applied 
minimum business experience standards. Where the manufacturer or 
distributor rejects a proposed change in executive management control, 
the manufacturer or distributor shall give written notice of his reasons to 
the dealer within sixty (60) days of notice to the manufacturer or 
distributor by the dealer of the proposed change; otherwise, the change in 
the executive management of the dealership shall be presumptively 
considered approved. 

(I) Terminate, cancel or fail to renew any franchise solely because of the 
death or incapacity of an owner who is not listed in the franchise as one 
on whose expertise and abilities the manufacturer or distributor relied in 
the granting of the franchise. 

(m) Prevent or attempt to prevent the dealer, by written instrument or 
otherwise, from either receiving the fair market value of the dealership in 
a sale transaction, or from transferring the dealership to a spouse or legal 
heir, as specified in this chapter. 

(n) Engage in any predatory practice or discrimination against any 
dealer. 

(o) Resort to or to use any false or misleading advertisement in the 
conducting of his business as a manufacturer or distributor in this state. 
(p) Make any false or misleading statement, either directly or through 
any agent or employee, in order to induce any dealer to enter into any 
agreement or franchise, or to take any action which is prejudicial to that 
dealer or his business. 

(q) Require or coerce dealers to participate in local or national advertising 
campaigns or contests or to require or coerce dealers to purchase promo- 
tional or display materials. 

(r) Charge back, deny motor vehicle allocation, withhold payments, or 
take other actions against a dealer, or to condition a franchise agreement, 
or renewal of a franchise agreement, or to condition sales, service, parts, 
or finance incentives upon site control or an agreement to renovate or 
make improvements to a facility unless required by the technology of a 
motor vehicle being sold at the facility. Provided however, that a voluntary 
acceptance of such conditions by the dealer in writing including, but not 
limited to, a written agreement for which the dealer has accepted separate 
and valuable consideration, shall not constitute a violation. 
(s) Charge back, deny motor vehicle allocation, withhold payments, or 
take other actions against a motor vehicle dealer if a motor vehicle sold by 
the motor vehicle dealer is exported from Idaho or the dealer's assigned 
area of responsibility unless the manufacturer, distributor, or manufac- 
turer representative proves that the motor vehicle dealer knew or 
reasonably should have known a motor vehicle was intended to be 
exported, which shall operate as a rebuttable presumption that the motor 
vehicle dealer did not have such knowledge. This paragraph does not 



143 DEALERS AND SALESMEN LICENSING 49-1613 

apply if exporting of motor vehicles outside of the state of Idaho is 
provided for by the manufacturer or distributor. 

(4) It is unlawful for any manufacturer or distributor or any officer, agent 
or representative to coerce, or attempt to coerce, any dealer in this state to 
offer to sell or sell any extended service contract or extended maintenance 
plan that is offered, sold, backed by or sponsored by the manufacturer or 
distributor or to sell, assign or transfer any retail installment sales contract, 
obtained by the dealer in connection with the sale by him in this state of new 
vehicles, manufactured or sold by the manufacturer or distributor, to a 
specified finance company or class of such companies, or to any other 
specified person, by any of the acts or means set forth, namely by: 

(a) Any statement, suggestion, promise or threat that the manufacturer 
or distributor will, in any manner, benefit or injure the dealer, whether 
the statement, suggestion, threat or promise is express or implied or made 
directly or indirectly; 

(b) Any act that will benefit or injure the dealer; 

(c) Any contract, or any express or implied offer of contract, made directly 
or indirectly to a dealer for handling new vehicles, on the condition that 
the dealer shall offer to sell or sell any extended service contract or 
extended maintenance plan that is offered, sold, backed by, or sponsored 
by the manufacturer or distributor or sell, assign or transfer his retail 
installment sales contract in this state to a specified finance company or 
class of such companies, or to any other specified person; or 

(d) Any express or implied statement or representation made directly or 
indirectly that the dealer is under any obligation whatsoever to offer to 
sell or sell any extended service contract or extended maintenance plan 
that is offered, sold, backed by, or sponsored by the manufacturer or 
distributor or to sell, assign or transfer any of his retail sales contracts, in 
this state, on new vehicles manufactured or sold by that manufacturer or 
distributor to a finance company or class of companies, or other specified 
person, because of any relationship or affiliation between the manufac- 
turer or distributor and a finance company or companies, or a specified 
person or persons. 

(e) Nothing contained in this subsection shall prohibit a manufacturer or 
distributor from offering or providing incentive benefits or bonus pro- 
grams to a retail motor vehicle dealer or prospective retail motor vehicle 
dealer in this state who makes the voluntary decision to offer to sell or sell 
any extended service contract or extended maintenance plan offered, sold, 
backed or sponsored by the manufacturer or distributor to sell, assign or 
transfer any retail installment sale or lease by him in this state of motor 
vehicles manufactured or sold by the manufacturer or distributor to a 
specified finance company or leasing company controlled by or affiliated 
with the manufacturer or distributor. 

Any statement, threats, promises, acts, contracts or offers of contracts, 
when the effect may be to lessen or eliminate competition or tend to create 
a monopoly, are declared unfair trade practices and unfair methods of 
competition, against the policy of this state, and are unlawful. 

(5) It is unlawful for any manufacturer or distributor or agent or 
employee of a manufacturer or distributor to use a written instrument, 



49-1614 MOTOR VEHICLES 144 

agreement, or waiver to attempt to nullify any of the provisions of this 
section, and such agreement, written instrument or waiver shall be null and 
void. 

(6) It shall be unlawful, directly or indirectly, to impose unreasonable 
restrictions on the dealer relative to the sale, transfer, right to renew, 
termination discipline, noncompetition covenants, site control (whether by 
sublease, collateral pledge of lease, or otherwise), right of first refusal to 
purchase, option to purchase, compliance with subjective standards and 
assertion of legal or equitable rights. 

(7) The provisions of this chapter shall apply to all written franchise 
agreements between a manufacturer or distributor and a dealer, including 
the franchise offering, the franchise agreement, sales of goods, services or 
advertising, leases or mortgages of real or personal property, promises to 
pay, security interests, pledges, insurance contract, advertising contract, 
construction or installation contract, servicing contracts and all other 
agreements where the manufacturer or distributor has any direct or indirect 
interest. 

History. 1985, ch. 117, § 16, p. 242; am. 1988, ch. 264, 

1965, ch. 290, § 14, p. 759; am. 1967, ch. 62, § 29, p. 519; am. and redesig. 1988, ch. 265, 

§ 12, p. 127; am. 1970, ch. 19, § 3, p. 34; am. § 386, p. 549; am. 1991, ch. 272, § 14, p. 686; 

1974, ch. 27, § 178, p. 811; am. 1975, ch. 17, am. 1994, ch. 317, § 1, p. 1015; am. 2005, ch. 

§ 1, p. 22; am. 1978, ch. 243, § 6, p. 521; am. 144, § 1, p. 451; am. 2011, ch. 327, § 3, p. 952. 

STATUTORY NOTES 

Amendments. added the last sentence; added paragraphs 
The 2011 amendment, by ch. 327, inserted (3)(r) and (3)(s); in subsection (4), inserted "to 
"or distributor" following "manufacturer" offer to sell or sell any extended service con- 
throughout the section; in paragraph (3)(g), tract or extended maintenance plan that is 
inserted "in any case not to exceed one (1) offered, sold, backed by or sponsored by the 
year" in the first sentence and added the last manufacturer or distributor or" to the intro- 
sentence; in paragraph (3)(i), added "or to ductory paragraph and in paragraphs (c) and 
condition the sale, transfer, or exchange of a (d), and added paragraph (e). 
franchise agreement upon site control or an 

agreement to renovate or make improve- Compiler's Notes. 

ments to a facility, unless required by the The bracketed insertion in paragraph (3)(j) 

technology of a motor vehicle being sold at the was inserted by the compiler to clarify the 

facility" at the end of the first sentence and internal reference. 

49-1614. Termination, cancellation or nonrenewal. — (1) Notwith- 
standing the terms, provisions or conditions of any franchise agreement, or 
any waiver, a manufacturer shall not cancel, terminate or fail to renew any 
franchise agreement with a dealer unless the manufacturer has satisfied the 
notice requirement of subsection (2) of this section and has good cause for 
cancellation, termination or nonrenewal. 

(2) Notwithstanding the terms, provisions or conditions of any franchise 
agreement prior to the termination, cancellation or nonrenewal of any 
franchise agreement, the manufacturer shall furnish notification of termi- 
nation, cancellation or nonrenewal to the department and the dealer: 

(a) In the manner described in subsection (3)(b) of this section; and 

(b) Not less than ninety (90) days prior to the effective date of termina- 
tion, cancellation or nonrenewal: or 



145 DEALERS AND SALESMEN LICENSING 49-1614 

(c) Not less than fifteen (15) days prior to the effective date of termina- 
tion, cancellation or nonrenewal with respect to any of the following: 

(i) Insolvency of the dealership, or filing of any petition by or against 
the dealership under any bankruptcy or receivership law; 
(ii) Failure of the dealership to conduct its customary sales and service 
operations during its customary business hours for seven (7) consecu- 
tive business days, except for acts of God or circumstances beyond the 
direct control of the dealer; 

(hi) Conviction of the dealer, or any owner or his operator, resulting in 
imprisonment exceeding thirty (30) days; 

(iv) Revocation of any license which the dealer is required to have to 
operate a dealership; and 

(d) Not less than one hundred eighty (180) days prior to the effective date 
of termination or cancellation, where the manufacturer is discontinuing 
the sale of the product line. 

(3) Notification under this section shall be in writing, by certified mail or 
personally delivered to the dealer, and shall contain a statement of intention 
to terminate, cancel or not to renew the franchise agreement, and a 
statement of the reasons for and the date on which termination, cancellation 
or nonrenewal takes effect. 

(4) Notwithstanding the terms, provisions or conditions of any franchise 
agreement or of any waiver, good cause shall exist for the purposes of a 
termination, cancellation or nonrenewal when there is a failure by the 
dealer to comply with a provision of the franchise agreement, where the 
provision is both reasonable and of material significance to the franchise 
agreement relationship, and provided that the dealer has been notified in 
writing of the failure within one hundred eighty (180) days prior to 
termination, cancellation or nonrenewal. A protest may be filed in accor- 
dance with the provisions of section 49-1617, Idaho Code. 

(5) Notwithstanding any franchise agreement, the following shall not 
constitute good cause for a termination, cancellation or nonrenewal of a 
franchise agreement: the fact that the dealer owns, has an investment in, 
participates in the management of or holds a franchise agreement for the 
sale or service of another make or line of motor vehicles; or that the dealer 
has established another make or line of new motor vehicles or service in the 
same dealership facilities as those of the manufacturer or distributor which 
existed prior to January 1, 1997; or is approved in writing by the manufac- 
turer. 

(6) The manufacturer shall have the burden of proof under this section 
concerning the issue of good cause, which shall include, but not be limited to, 
termination, nonrenewal or cancellation of any franchise agreement by the 
manufacturer for insolvency, license revocation, conviction of a felony, fraud 
by a dealer or failure by a dealer to comply with a provision of the franchise 
agreement, where the provision is both reasonable and of material signifi- 
cance to the franchise agreement relationship. 

(7) Notwithstanding the terms, provisions or conditions of any franchise 
agreement, other written contract or agreement or any waiver, a manufac- 
turer shall not cancel, terminate or fail to renew any franchise agreement 



49-1614 MOTOR VEHICLES 146 

with a dealer unless the manufacturer has satisfied the requirements of this 
section. 

(8) Upon the termination, cancellation, or nonrenewal of any franchise 
agreement by the manufacturer or dealer, the manufacturer shall repur- 
chase from the dealer any new, undamaged and unused motor vehicles of the 
current model year and previous model year. Any new and unused motor 
vehicle repurchased by the manufacturer shall be repurchased at the net 
cost to the dealer. Net cost means the dealer's cost for a new, undamaged, 
unsold, and complete motor vehicle of the current model year or any 
previous model year acquired by the dealer within twelve (12) months of the 
date of termination and in a dealer's inventory purchased from the manu- 
facturer or acquired from another dealer of the same line make in the 
ordinary course of business: 

(a) Plus any charges by the manufacturer, distributor, or representative 
for distribution, delivery and taxes; 

(b) Plus the dealer's cost of any manufacturer approved accessories added 
on the vehicle, except only those recreational vehicle accessories that are 
listed in the manufacturer's wholesale product literature as options for 
that vehicle shall be repurchased; and 

(c) Less all allowances paid to the dealer by the manufacturer, distributor 
or representative. 

(9)(a) Upon the termination, cancellation, or nonrenewal of any franchise 
agreement by the manufacturer or dealer, the manufacturer shall repur- 
chase from the dealer the following: 

(i) Any unused, undamaged, and unsold parts which have been ac- 
quired from the manufacturer, provided such parts are currently offered 
for sale by the manufacturer in its current parts catalog and are in 
salable condition. Such parts shall be repurchased by the manufacturer 
at the current catalog price, less any applicable discount; 
(ii) Any supplies, equipment, and furnishings, including manufacturer 
or line make signs, required by and purchased from the manufacturer 
or its approved source within three (3) years of the date of termination, 
cancellation, or nonrenewal; and 

(iii) Any special tools or other equipment purchased from the manu- 
facturer within three (3) years of the date of termination, cancellation, 
or nonrenewal. 
(b) Except as provided in paragraph (a)(i) of this subsection, compensa- 
tion shall be the fair market value on the effective date of the termination, 
cancellation, or nonrenewal. 

(10) The repurchase of any item under this section shall be accomplished 
within ninety (90) days of the effective date of the termination, cancellation, 
or nonrenewal, provided the dealer has clear title to the inventory and other 
items, or is able to convey such title to the manufacturer and does convey or 
transfer title and possession of the inventory and other items to the 
manufacturer. 

(11) If the repurchase of any item under this section is subject to a 
security interest, the manufacturer may make payment jointly to the dealer 
and to the holder of the security interest. 



147 DEALERS AND SALESMEN LICENSING 49-1614 

(12) This section shall not apply to a nonrenewal or termination that is 
implemented as a result of the sale of the assets or stock of the motor vehicle 
dealer. 

(13) In the event the manufacturer does not pay the dealer the amounts 
due under this section and a court of competent jurisdiction finds the 
manufacturer in violation of this section, the manufacturer shall, in 
addition to any amounts due, pay the dealer: 

(a) Interest on the amount due computed at the, rate applicable to a 
judgment of a court; and 

(b) Reasonable attorney's fees and costs. 

(14) Within ninety (90) days of the termination, cancellation, or 
nonrenewal of any franchise agreement by the manufacturer for the failure 
of a dealer to meet sales and service performance obligations or due to 
elimination, cessation or termination of a line make, the manufacturer shall 
commence to reimburse the dealer for one (1) year of the dealer's cost to rent 
or lease the dealership's facility or location or for the unexpired term of the 
lease or rental period, whichever is less, or, if the dealer owns the facility or 
location, for the equivalent of one (1) year of the reasonable rental value of 
the facilities or location as determined by an Idaho licensed commercial real 
estate appraiser. If more than one (1) franchise agreement is being termi- 
nated, canceled, or not renewed, the reimbursement shall be prorated 
equally among the different manufacturers. However, if a franchise agree- 
ment is terminated, canceled, or not renewed but the dealer continues in 
business at the same location under a different franchise agreement, the 
reimbursement required by this subsection shall not be required to be paid. 
In addition, any reimbursement due under this subsection shall be reduced 
by any amount received by the dealer by virtue of the dealer leasing, 
subleasing, or selling the facilities or location during the year immediately 
following the termination, cancellation, or nonrenewal. 

(15) All procedures and protections afforded to a motor vehicle dealer 
under this section shall be available to a recreational vehicle dealer. 
However, the remedies afforded under this section shall only apply to 
recreational vehicle dealers where the manufacturer of recreational vehicles 
as defined in section 49-119, Idaho Code, terminates or fails to renew any 
franchise agreement without good cause. 

History. § 387, p. 549; am. 1997, ch. 312, § 1, p. 923; 

I.C., § 49-2415, as added by 1985, ch. 117, am. 2009, ch. 153, § 1, p. 445. 
§ 17, p. 242; am. and redesig. 1988, ch. 265, 

STATUTORY NOTES 

Amendments. tion, the reference in paragraph (2)(a) should 

The 2009 amendment, by ch. 153, rewrote be to subsection (3) of this section, 
the section to the extent that a detailed com- 
parison is impracticable. Effective Dates. 

Compiler's Notes Section 2 of S.L. 2009, ch. 153 declared an 

Following the 2009 amendment of this sec- emergency. Approved April 9, 2009. 



49-1626 MOTOR VEHICLES 148 

49-1626. Payment for delivery preparation and warranty ser- 
vice. — (1) Each manufacturer or distributor shall specify in writing to 
each of its dealers licensed in this state, the dealer's obligations for 
predelivery preparation and warranty service on its products, compensate 
the dealer for service required of the dealer by the manufacturer or 
distributor, provide the dealer a schedule of compensation to be paid the 
dealer for parts, work and service in connection with its products, and the 
time allowance for the performance of that work and service. 

(2) In no event shall a schedule of compensation fail to include reasonable 
compensation for diagnostic work, as well as repair service and labor. Time 
allowances for the diagnosis and performance of warranty work and service 
shall be reasonable and adequate for the work to be performed. 

(3) It is unlawful for a new vehicle manufacturer or distributor to fail to 
perform any warranty obligations or to fail to include in written notices of 
factory recalls to new vehicle owners and dealers, the expected date by 
which necessary parts and equipment will be available to dealers for the 
correction of those defects, or to fail to compensate any of the dealers in this 
state for repairs affected by recall. 

(4) A vehicle dealer may submit a warranty claim to a manufacturer or 
distributor if a warranty defect is identified and documented prior to the 
expiration of a manufacturer's or distributor's warranty: 

(a) While a franchise agreement is in effect; or 

(b) After the termination of a franchise agreement if the claim is for work 
performed while the franchise agreement was in effect. 

(5) All claims made by dealers pursuant to this section for labor and parts 
shall be paid within thirty (30) days following their approval. All claims 
shall be either approved or disapproved within thirty (30) days after their 
receipt, on forms and in the manner specified by the manufacturer or 
distributor, and any claim not specifically disapproved in writing within 
thirty (30) days after receipt shall be construed to be approved and payment 
must follow within thirty (30) days. 

(6) A dealer whose claim has been denied due to failure to comply with a 
specific claim processing requirement, such as a clerical error or other 
administrative technicality that does not put into question the legitimacy of 
the claim, may resubmit the corrected claim as provided for in subsection (7) 
of this section. 

(7) A dealer shall have thirty (30) days from the date of notification by a 
manufacturer or distributor of a denial of a claim or a charge-back to the 
dealer to resubmit a claim for payment or compensation if the claim was 
denied for any of the reasons described in subsection (6) of this section, 
whether the charge-back was a direct or an indirect transaction, unless a 
longer period of time is provided for by the manufacturer or distributor. 

(8) Notwithstanding the terms of a franchise agreement or other contract 
with a dealer and except as provided in subsection (9) of this section, after 
the expiration of one (1) year after the date of payment of the warranty 
claim, a manufacturer or distributor shall not audit the records of a motor 
vehicle dealer to determine compliance with the terms of a warranty claim. 
Provided however, that the manufacturer or distributor may audit the 



149 DEALERS AND SALESMEN LICENSING 49-1626 

dealer for fraudulent claims during any period for which an action for fraud 
may be commenced. 

(9) A manufacturer or distributor may make charge backs to a motor 
vehicle dealer if, after completion of an audit of the dealer's records, the 
manufacturer or distributor can show, by a preponderance of the evidence, 
that: 

(a) With respect to a warranty claim, the repair work was improperly 
performed in a substandard manner or was unnecessary; or 

(b) The claim is unsubstantiated in accordance with the manufacturer 
[manufacturer's] or distributor's requirements. 

(10) Nothing in subsection (8) or (9) of this section shall prevent a 
manufacturer or distributor from instituting a legal action for fraud as 
provided for in section 5-218, Idaho Code. 

(11) The schedule of compensation for warranty parts and labor shall not 
be less than the rates charged by the dealer for similar service to retail 
customers for nonwarranty parts and labor; provided that such dealer's 
retail rate is not unreasonable when compared with other motor vehicle 
franchises from the same or competitive lines for similar merchandise or 
services in the geographic area in which the dealer is engaged in business. 

(a) For purposes of determining the schedule of compensation paid to a 
dealer by the manufacturer or distributor, the following shall not be 
considered in determining amounts charged by the dealer to retail 
customers: 

(i) Menu-priced parts or services; 

(ii) Repairs for manufacturer or distributor special events; 
(hi) Repairs covered by any insurance or service contract; 
(iv) Vehicle emission or safety inspections required by federal, state or 
local governments; 

(v) Parts sold at wholesale or repairs performed at wholesale, which 
shall include any sale or service to a fleet of vehicles; 
(vi) Engine assemblies and transmission assemblies; 
(vii) Routine maintenance not covered under any retail customer 
warranty including, but not necessarily limited to, maintenance involv- 
ing fluids, filters and belts not provided in the course of repairs; 
(viii) Nuts, bolts, fasteners and similar items that do not have an 
individual part number; 
(ix) Tires; or 
(x) Vehicle reconditioning. 

(b) The dealer shall establish their schedule of compensation under the 
provisions of this section by submitting to the manufacturer or distributor 
one hundred (100) sequential customer paid service repair orders or 
ninety (90) days of customer paid service repair orders, whichever is less, 
covering repairs made no more than one hundred eighty (180) days before 
the submission of such customer paid service repair orders and declaring 
the schedule of compensation. The new schedule of compensation shall 
take effect within ninety (90) days after the initial submission to the 
manufacturer or distributor and shall be presumed to be fair and 
reasonable. However, within thirty (30) days following receipt of the 



49-1626 MOTOR VEHICLES 150 

declared schedule of compensation from the dealer, the manufacturer or 
distributor may make reasonable requests for additional information 
supporting the declared schedule of compensation. The ninety (90) day 
time frame in which the manufacturer or distributor shall make the 
schedule of compensation effective shall commence following receipt from 
the dealer of any reasonably requested supporting information. No 
manufacturer or distributor shall require a motor vehicle dealer to 
establish a schedule of compensation by any other methodology or require 
supportive information that is unduly burdensome or time consuming to 
provide including, but not limited to, part by part or transaction by 
transaction calculations. The dealer shall not request a change in the 
schedule of compensation more than once every twelve (12) months. 

(12) It is unlawful for a manufacturer or distributor or subsidiary to own, 
operate or control, either directly or indirectly, a motor vehicle warranty or 
service facility located in this state except on an emergency or interim basis 
or if no qualified applicant has applied for appointment as a dealer in a 
market previously served by a motor vehicle dealer of that manufacturer or 
distributor's line make except as provided for in section 49-1613(3)(g), Idaho 
Code. 

(13) A manufacturer [or distributor] may not otherwise recover all or any 
portion of its costs for compensating its dealers licensed in this state for 
warranty parts and labor either by reduction in the amount due to the 
dealer or by separate charge, surcharge or other imposition; provided 
however, a manufacturer or distributor shall not be prohibited from increas- 
ing prices for vehicles or parts in the normal course of business. 

(14) All procedures and protections afforded to a motor vehicle dealer 
under the provisions of this section shall be available to a recreational 
vehicle dealer. However, the schedule of compensation afforded under 
subsection (11) of this section shall not apply to compensation for parts, 
systems, fixtures, appliances, furnishings, accessories and features of a 
recreational vehicle that are designed, used and maintained primarily for 
nonvehicular residential purposes. 

History. § 399, p. 549; am. 1997, ch. 312, § 2, p. 923; 

I.C., § 49-2427, as added by 1985, ch. 117, am. 2011, ch. 327, § 4, p. 952. 
§ 29, p. 242; am. and redesig. 1988, ch. 265, 

STATUTORY NOTES 

Amendments. the dealer for fraudulent claims during any 
The 2011 amendment, by ch. 327, inserted period for which an action for fraud may be 
"or distributor" following "manufacturer" commenced"; added subsections (6) through 
throughout the section; added subsection (4), (14). 
redesignating former subsection (4) as sub- 
section (5); deleted the former second sen- Compiler's Notes. 

tence in subsection (5), which read "The man- The bracketed insertion in paragraph (9)(b) 

ufacturer retains the right to audit claims and was added by the compiler to supply the 

to charge the dealer for unsubstantiated, in- probable intended word. 

correct, or false claims for a period of one (1) The bracketed insertion in subsection (13) 

year following payment. Provided however, was added by the compiler to provide consis- 

that the manufacturer may audit and charge tent phraseology to the 2011 amendment. 



151 DEALERS AND SALESMEN LICENSING 49-1627 

49-1627. Use of dealer and manufacturer license plate. — (1) Any 

dealer or manufacturer license plate issued may, during the calendar year 
for which issued, be transferred from one (1) vehicle to another owned or 
operated by such manufacturer or dealer, in pursuance of his business as a 
manufacturer or dealer. 

(2) Dealer plates shall not be used on vehicles under the following 
circumstances: 

(a) On work or service vehicles not held in stock for sale; 

(b) On leased or rented vehicles owned by the licensed manufacturer or 
dealer; 

(c) On a laden vehicle designed for transportation of cargo, unless the 
manufacturer or dealer has complied with section 49-434, Idaho Code, 
except as provided in subsection (3) of this section; 

(d) On vehicles which have been sold; 

(e) On vehicles used by the licensee for furtherance of another business; 

(f) On vehicles owned by a licensed wholesaler used for personal use; 

(g) On vehicles owned by a licensed wholesaler, operated by their licensed 
salesmen, used for personal use. 

(3) Dealer and manufacturer plates may be used on laden vehicles 
operated by the manufacturer, dealer or his licensed vehicle salesman, in 
connection with the manufacturer's or dealer's business. A dealer plate may 
be used on a laden trailer in connection with a manufacturer's or dealer's 
business to move vehicles or trailers from a manufacturer to a dealer, from 
dealership to dealership or from a dealership to off-site locations in 
promotion of the dealer's business as long as the power unit is properly 
licensed under chapter 4, title 49, Idaho Code. A dealer plate may be used on 
a vehicle assigned for personal use on a full-time basis to the dealer, or 
licensed full-time vehicle salesman. This personal use exception applies only 
to the manufacturer, dealer, or licensed full-time vehicle salesman person- 
ally, and any other persons, including members of their families, are 
excluded. A prospective purchaser of a vehicle may have possession of the 
vehicle with a dealer plate for not more than ninety-six (96) hours or may 
operate the vehicle when accompanied by the manufacturer, dealer or a 
licensed vehicle salesman. 

(4) Licensed part-time vehicle salesmen may use a dealer plate on a 
vehicle that is offered for sale only to demonstrate the vehicle to a purchaser, 
but not for personal use. Other employees or authorized persons, not 
licensed as a vehicle salesman, may use a dealer plate when testing the 
mechanical operation of a vehicle or for the necessary operation in pursu- 
ance of the dealer's business, including the delivery and pickup of vehicles 
owned or purchased by that manufacturer or dealer. 

(5) Laden dealer and manufacturer plates may be displayed on any power 
unit in the dealer's or manufacturer's inventory to operate vehicles laden 
with vehicles that are in the dealer's or manufacturer's inventory in 
pursuance of the dealer's or manufacturer's business. Such use shall be 
limited to moving vehicles from a manufacturer to a dealer, from dealership 
to dealership, or from a dealership to off-site locations in furtherance of the 
dealer's business. Such uses may include travel to licensed temporary 



49-1637 MOTOR VEHICLES 152 

supplemental lot locations, to and from auctions or to a new licensed 
location. 

(a) Laden dealer and manufacturer plates shall not be used for personal 
use by the dealer or manufacturer or a licensed full-time or part-time 
salesman of the dealership. 

(b) Laden dealer and manufacturer plates shall be valid up to a maxi- 
mum of twenty-six thousand (26,000) pounds combined gross vehicle 
weight. 

(c) Fees will be as provided in section 49-434(1), Idaho Code, for commer- 
cial vehicles at a weight limit of twenty-six thousand (26,000) pounds 
combined gross vehicle weight. 

(d) The dealer or manufacturer may increase the weight limit through 
the purchase of a temporary weight increase permit, as provided for in 
section 49-432(2), Idaho Code. 

(6) Vehicle manufacturers and dealers shall keep a written record of the 
vehicles upon which dealer's number plates are used for personal use on a 
full-time basis, and the time during which each plate is used. The record 
shall be open to inspection by any peace officer or any officer or employee of 
the department. 

(7) No manufacturer or dealer shall cause or permit any vehicle owned by 
them to be operated or moved upon a public highway without displaying 
upon the vehicle a license plate issued to that person, either under the 
provisions of this section or section 49-428, Idaho Code, except as otherwise 
authorized in section 49-431, Idaho Code. 

History. § 400, p. 549; am. 2006, ch. 223, § 1, p. 664; 

I.C., § 49-2428, as added by 1985, ch. 117, am. 2011, ch. 72, § 3, p. 152. 
§ 30, p. 242; am. and redesig. 1988, ch. 265, 

STATUTORY NOTES 

Amendments. sections (5) and (6) as present subsections (6) 

The 2011 amendment, by ch. 72, added and (7). 
subsection (5) and redesignated former sub- 

49-1637. Education requirements for vehicle dealers. — (1) Ex- 
cept as provided in subsection (2) of this section, the following continuing 
education requirements shall apply to a vehicle dealer for an initial dealer's 
license and for the annual renewal, as provided in sections 49-1607(3) and 
49-1634, Idaho Code, of a dealer's license: 

(a) An applicant for an annual renewal of a dealer's license must 
complete a four (4) hour education program as described in subsection (3) 
of this section prior to submitting a renewal application for a vehicle or 
vessel dealer license. 

(b) An applicant requesting an initial vehicle or vessel dealer's license 
shall be required to provide certification that he has completed a depart- 
ment approved prelicensing class or program, including an examination 
on the materials that were presented prior to submitting a license 
application. 

(2) The education requirements of subsection (1) of this section do not 



153 DEALERS AND SALESMEN LICENSING 49-1637 

apply to an applicant for a full-time or part-time vehicle salesman's license, 
manufacturer's license, distributor's license or wholesale dealer's license. 
The following applicants are also exempt from the provisions of subsection 
(1) of this section: 

(a) A vehicle dealer of nationally advertised and recognized new motor 
vehicles or vessels; and 

(b) A franchise dealer of new recreational vehicles, new motorcycles, new 
all-terrain vehicles, new snowmobiles or new vessels. 

(3) The continuing education programs and prelicensing class require- 
ments required in subsection (1) of this section shall be developed with input 
from motor vehicle industry organizations including, but not limited to, the 
Idaho independent automobile dealers association, and shall be approved by 
the department: 

(a) Prelicensing classes shall consist of eight (8) hours of instruction or as 
otherwise approved by the department, which shall include the written 
examination. 

(b) Fees applicable to the prelicensing class shall not exceed three 
hundred fifty dollars ($350). 

(c) Fees applicable to the dealer education program shall not exceed two 
hundred dollars ($200). 

(d) Any provider as approved by the department shall make the dealer 
education programs and prelicensing classes available on a monthly 
basis, at a minimum. 

(4) The continuing education programs and the prelicensing class/pro- 
grams required in subsection (1) of this section may be provided by 
accredited educational institutions, private vocational schools, correspon- 
dence schools or trade associations, provided that the continuing education 
program and prelicensing class/programs have been approved by the de- 
partment as required in subsection (3) of this section. 

(5) The department may promulgate rules as necessary to implement the 
provisions of this section. 

History. 

I.C., § 49-1637, as added by 2003, ch. 98, 
§ 2, p. 315; am. 2010, ch. 329, § 2, p. 873. 

STATUTORY NOTES 

Amendments. substituted "prelicensing class requirements" 
The 2010 amendment, by ch. 329, in para- for "written open book examination"; added 
graph (l)(b), substituted "license shall be re- paragraphs (3)(a) through (3)(d); and in sub- 
quired to provide certification that he has section (4), twice inserted "and the 
completed a department approved prelicensing class/programs" or similar lan- 
prelicensing class or program, including an S ua S e - 
examination on the materials that were pre- Effective Dates. 

sented" for "license shall be required to pass a Section 3 of S.L. 2010, ch. 329 provided that 

comprehensive open book examination"; in the act should take effect on and after Janu- 

the introductory paragraph in subsection (3), ary 1, 2011. 



49-1802 MOTOR VEHICLES 154 

CHAPTER 18 
TOWING AND STORAGE OF MOTOR VEHICLES 

SECTION. SECTION. 

49-1802. Presumption. 49-1809. Request by possessory lienholder 
49-1803. Removal of stolen vehicles. for names and addresses of 

49-1803A. Removal of accidents — Driver interested persons — Notice of 

arrests — Vehicles found un- sale to satisfy lien. 

der extraordinary circum- 49-1811. Sale of unclaimed vehicles. 

stances. 49-1812. Claiming of vehicles. 

49-1804. Removal of abandoned vehicles by 49-1813. Removal without payment prohib- 

authorized officer. ited. 

49-1807. Charges not otherwise provided for. 49-1814. Disposition of low-valued vehicles. 

49-1807A. Unauthorized removal of vehicle 49-1815. Disposition of low-valued vehicles 

— Refusal to release vehicle. — Procedure. 

49-1807B. Idaho state police authorized tow 49-1816. Disposition of low-valued vehicle. 

list — Background checks. 49-1819. Provisions of sections uniform 
49-1808. Storage of vehicle. throughout state. 

49-1802. Presumption. — (1) The abandonment of any vehicle shall 
create a prima facie presumption that the last registered owner of record is 
responsible for the abandonment and is thereby liable for the costs incurred 
in the removal, storage and disposition of the vehicle, less any amount 
received from the disposition of the vehicle. 

(2) The owner of any vehicle removed under extraordinary circum- 
stances, or under the authority of section 49-662, Idaho Code, is presumed 
responsible for the vehicle and is thereby liable for the costs incurred in the 
removal, storage and disposition of the vehicle, less any amounts received 
from the disposition of the vehicle. 

(3) If a vehicle is found abandoned or under extraordinary circumstances 
and is removed at the direction of any authorized officer, and is not 
redeemed by the owner or lienholder within seven (7) days of the tow, the 
last registered owner of record is guilty of a traffic infraction, unless the 
owner has filed a release of liability with the department according to 
section 49-526, Idaho Code, in which case the transferee shown on the 
release of liability shall be guilty of a traffic infraction. 

History. § 420, p. 549; am. 2002, ch. 366, § 3, p. 1032; 

I.C., § 49-3604, as added by 1982, ch. 267, am. 2010, ch. 171, § 3, p. 348. 
§ 1, p. 690; am. and redesig. 1988, ch. 265, 

STATUTORY NOTES 

Amendments. "or under the authority of section 49-662, 

The 2010 amendment, by ch. 171, inserted Idaho Code" in subsection (2). 

49-1803. Removal of stolen vehicles. — (1) Any authorized officer, 
upon discovery of a vehicle reported as stolen and not recovered, may take 
the vehicle into custody and cause it to be taken to and stored in a suitable 
place, or may cause the vehicle to be placed in the custody of a tow truck 
operator, all expenses of towing and storage to be those of the vehicle owner 
unless otherwise determined according to the provisions of section 49- 
1805(5), Idaho Code. 



155 TOWING AND STORAGE OF MOTOR VEHICLES 49-1803A 

(2) Within forty-eight (48) hours, excluding weekends and holidays, of the 
time that the vehicle is taken into custody and is stored pursuant to this 
chapter, the agency of which the officer is an agent shall give written notice 
by certified mail to the registered and legal owners of the vehicle, if known. 
The notice shall state: 

(a) That the vehicle has been taken into custody and stored; and 

(b) The location of storage of the vehicle. 

(3) The public agency by which the officer is employed shall appraise the 
vehicle and shall include in the notice, identification of the officer; location 
of the vehicle; a description of the vehicle including make, year model, 
identification number, license number, state of registration and the statu- 
tory authority for storage. 

History. and redesig. 1988, ch. 265, § 421, p. 549; am. 

I.C., § 49-3606, as added by 1982, ch. 267, 1998, ch. 392, § 26, p. 1197; am. 2010, ch. 171, 
§ 1, p. 690; am. 1983, ch. 143, § 4, p. 351; am. § 4, p. 348. 

STATUTORY NOTES 

Amendments. involved in any extraordinary circumstances" 

The 2010 amendment, by ch. 171, in the following "not recovered"; and in the first 

section heading, deleted "or vehicles found sentence in subsection (2), inserted "exclud- 

under emergency circumstances" from the ing weekends and holidays." 
end; in subsection (1), deleted "or any vehicle 

49- 1803 A. Removal of accidents — Driver arrests — Vehicles 
found under extraordinary circumstances. — (1) Any authorized 
officer directing the removal of a vehicle under the authority of this chapter, 
or the provisions of section 49-662, Idaho Code, as the result of an accident, 
the driver being arrested or extraordinary circumstances, may cause the 
vehicle to be placed in the custody of a tow truck operator, all expenses of 
towing and storage to be those of the registered owner, unless the registered 
owner has filed a release of liability according to the provisions of section 
49-526, Idaho Code, in which case the purchaser or other transferee 
recorded on the release of liability statement shall be presumed responsible 
and liable. 

(2) At the time of removal, the authorized officer shall complete a notice 
form containing, but not limited to, the following: 

(a) Name and addresses of registered owner and lienholder; 

(b) Complete vehicle description, including license plate number and 
vehicle identification number; 

(c) Date, time and reason for tow; 

(d) Law enforcement agency directing tow and case number assigned; 

(e) Appraisal value of vehicle and daily storage rate; 

(f) Authorized officer name or badge number; 

(g) Name, address and telephone number of towing company; 

(h) Signature of tow truck operator taking receipt of vehicle and contents. 

(3) A copy of this notice shall be provided to the legal or registered owner 
at the scene, or may be mailed first class mail within ninety-six (96) hours, 
excluding weekends and holidays. This notification shall be in addition to all 
notices required for vehicle disposal procedures contained in this chapter. 



49-1804 MOTOR VEHICLES 156 

History. 

I.C., § 49-1803A, as added by 2010, ch. 171, 
§ 5, p. 348. 

49-1804. Removal of abandoned vehicles by authorized officer. — 

Any authorized officer within the jurisdiction in which a vehicle is located, 
who has reasonable grounds to believe that the vehicle has been abandoned, 
may remove the vehicle from a highway or from public or private property 
to a garage or nearest place of safety. 

Upon discovery of an abandoned vehicle which is not within the class of 
vehicles denned under "extraordinary circumstances," an authorized officer 
shall attach on the vehicle, in plain view, a notice that this vehicle will be 
towed away at the expiration of forty-eight (48) hours as an abandoned 
vehicle. The notice shall contain the name of the officer who prepared the 
notice; the name of the agency employing the officer; the time and date of 
attaching the notice; the time and date after which the vehicle will be 
removed; the telephone number and address of the agency where further 
information can be obtained. A reasonable attempt shall be made to notify 
by telephone the owner of any vehicle which has current license plates and 
registration as shown on the records of the department, prior to the 
expiration of the forty-eight (48) hour notice period, of the location of the 
vehicle and the time and date of intent to remove the vehicle. The inability 
of an officer to notify the owner shall not preclude the removal of the vehicle 
at the expiration of the forty-eight (48) hour period. 

Any vehicle which does not have current or any license plate attached may 
be immediately removed to a safe place of storage. 

History. and redesig. 1988, ch. 265, § 422, p. 549; am. 

I.C., § 49-3608, as added by 1982, ch. 267, 2010, ch. 171, § 6, p. 348. 
§ 1, p. 690; am. 1983, ch. 143, § 5, p. 351; am. 

STATUTORY NOTES 

Amendments. "emergency circumstances" in the first sen- 

The 2010 amendment, by ch. 171, substi- tence in the second paragraph, 
tuted "extraordinary circumstances" for 

49-1807. Charges not otherwise provided for. — Every towing firm, 
employee or agent in the process of towing, removing or impounding a 
vehicle as directed by an authorized officer, except vehicles to be towed as 
part of an investigation or suspected stolen, shall upon request of the owner 
or his authorized agent, release the vehicle at the scene. If the vehicle is 
attached to the tow truck, or otherwise "in tow," the regular, scheduled tow 
fee may be charged. When the vehicle is not yet "in tow" at the time of 
request, the release must be made, and no charge may be assessed except a 
customary and reasonable charge for mileage one way from the towing 
firm's place of storage to the scene plus the usual fee for the tow truck 
operator. If the authorized fee is not tendered by the owner or his agent, the 
towing operator may complete the impoundment, towing or removal, as 
authorized. 



157 TOWING AND STORAGE OF MOTOR VEHICLES 49-1807A 

History. § 8, p. 351; am. and redesig. 1988, ch. 265, 

I.C., § 49-3612, as added by 1982, ch. 267, § 425, p. 549; am. 2010, ch. 171, § 7, p. 348. 
§ 1, p. 690; redesig. and am. 1983, ch. 143, 

STATUTORY NOTES 

Amendments. an investigation" for "except vehicles found 

The 2010 amendment, by ch. 171, substi- under extraordinary circumstances" in the 
tuted "except vehicles to be towed as part of first sentence. 

49-1807A. Unauthorized removal of vehicle — Refusal to release 
vehicle. — (1) Any towing firm, employee or agent thereof called to the 
scene of an accident or disabled vehicle by an authorized officer and 
requested to remove a vehicle shall remove the vehicle and take it to the 
nearest garage or other place of safety as directed by the officer or, except as 
otherwise provided in this chapter, shall take the vehicle to such place as the 
owner or his authorized agent may reasonably request. The towing firm, 
employee or agent shall not be entitled to recover any storage, impound fees 
or other fees, except the scheduled tow fee, if the firm, employee or agent: 

(a) Removes the vehicle to a place other than as directed by the officer or 
as reasonably requested by the owner or his authorized agent; or 

(b) After removing the vehicle, refuses to release the vehicle to the owner, 
his authorized agent, insurance representative or lienholder for any 
reason other than the refusal of the owner, authorized agent, insurance 
representative or lienholder to pay the fees to which the towing firm is 
lawfully entitled. The refusal of the owner, his authorized agent, insur- 
ance representative or lienholder to pay fees to which the towing firm, 
employee or agent is not entitled pursuant to this subsection shall not be 
cause for the towing firm, employee or agent to refuse to release the 
vehicle. 

(2) Upon release of the vehicle to the legal or registered owner, authorized 
agent or insurance representative, the towing company shall provide an 
itemized statement containing the following: 

(a) Location from which the vehicle was towed; 

(b) Storage location of the vehicle; 

(c) Name, address and telephone number of the tow company; 

(d) Year, make and model of the vehicle towed; 

(e) License plate number of the vehicle towed; 

(f) Itemized cost of towing and recovery charges; 

(g) Daily storage charge and number of days stored. 

History. § 1, p. 1044; am. 2010, ch. 171, § 8, p. 348; 

I.C., § 49-1807A, as added by 2000, ch. 308, am. 2011, ch. 304, § 1, p. 870. 

STATUTORY NOTES 

Amendments. The 2011 amendment, by ch. 304, inserted 

The 2010 amendment, by ch. 171, desig- "insurance representative or lienholder" 
nated the formerly undesignated paragraph three times in paragraph (l)(b). 
as subsection (1), redesignating the subordi- 
nate paragraphs; and added subsection (2). 



49-1807B MOTOR VEHICLES 158 

49-1807B. Idaho state police authorized tow list — Background 
checks. — The Idaho state police shall establish and maintain an autho- 
rized tow list. To determine the suitability of applicants for inclusion on the 
Idaho state police authorized tow list, the Idaho state police shall require 
every applicant towing firm owner, driver and operator to provide informa- 
tion and fingerprints necessary to obtain criminal history information from 
the Idaho state police bureau of criminal identification and the federal 
bureau of investigation. The cost of taking and processing such fingerprints 
shall be the responsibility of the applicant. Pursuant to section 67-3008, 
Idaho Code, the Idaho state police shall submit a set of fingerprints obtained 
from the applicant and the required fees to the Idaho state police bureau of 
criminal identification for a criminal records check of state and national 
databases. The Idaho state police may receive criminal history information 
from the Idaho state police bureau of criminal identification and from the 
federal bureau of investigation for the purpose of evaluating the fitness of 
applicants for inclusion on the Idaho state police authorized tow list. 

History. 

I.C., § 49-1807B, as added by 2012, ch. 99, 
§ 1, p. 263. 

49-1808. Storage of vehicle. — Whenever an authorized officer re- 
moves a vehicle from a highway, or from public or private property, he shall 
take, or cause to be taken, the vehicle to the nearest garage or other place 
of safety. Reasonable efforts shall be made to secure and prevent further 
damage to vehicles being stored. At the time of removal, the authorized 
officer shall complete a towed vehicle notice according to the provisions of 
section 49-1803A(2), Idaho Code. 

(1) Any vehicle stored under the provisions of this chapter, except 
vehicles being stored as part of a law enforcement investigation, shall be 
made available for physical inspection by the legal or registered owner, 
authorized agent or insurance representative during reasonable business 
hours at no additional charge. 

(2) Any vehicle towed as a result of extraordinary circumstances, or 
under the authority of section 49-662, Idaho Code, and stored in excess of 
thirty (30) days, not being held as part of a law enforcement investigation, 
may be declared as abandoned and processed for disposal under the 
provisions of this chapter. 

History. § 9, p. 351; am. and redesig. 1988, ch. 265, 

I.C., § 49-3613, as added by 1982, ch. 267, § 426, p. 549; am. 2010, ch. 171, § 9, p. 348. 
§ 1, p. 690; redesig. and am. 1983, ch. 143, 

STATUTORY NOTES 

Amendments. read: "At the time of removal, the authorized 

The 2010 amendment, by ch. 171, in the officer or employee shall record the mileage of 

first paragraph, added the second sentence, the vehicle"; and added subsections (1) and 

and rewrote the last sentence, which formerly (2). 



159 TOWING AND STORAGE OF MOTOR VEHICLES 49-1811 

49-1809. Request by possessory lienholder for names and ad- 
dresses of interested persons — Notice of sale to satisfy lien. — 

(1) After acquiring possession of a vehicle in any manner authorized by the 
provisions of this chapter, the possessory lienholder shall make a request to 
the department for the names and addresses of all persons having an 
interest in the vehicle as appears in the department records. The possessory 
lienholder shall, upon receipt of this information, notify all legal or regis- 
tered owners in accordance with section 49-1805, Idaho Code, unless 
otherwise already complied with. Whenever a vehicle has been removed 
under the provisions of this chapter and the possessory lienholder has sent 
the notice as provided, the possessory lienholder shall have a lien dependent 
upon possession for his compensation for towage and for caring for and 
keeping safe the vehicle for a period not exceeding sixty (60) days. If the 
vehicle is not recovered by the owner within that period or the owner is 
unknown, the possessory lienholder may satisfy his lien in the manner 
prescribed in this chapter. The lien shall not be assigned. 

(2) No lien shall attach to any personal property in or on the vehicle. 
Personal property in or on the vehicle shall be given to the registered owner 
or owner's authorized agent upon demand. The possessory lienholder shall 
not be responsible for property after any vehicle has been disposed of 
pursuant to this chapter. 

History. § 10, p. 351; am. and redesig. 1988, ch. 265, 

I.C., § 49-3618, as added by 1982, ch. 267, § 427, p. 549; am. 2010, ch. 171, § 10, p. 348. 
§ 1, p. 690; redesig. and am. 1983, ch. 143, 

STATUTORY NOTES 

Amendments. tuted "possessory lienholder" for "keeper of 

The 2010 amendment, by ch. 171, in the the garage"; and in the second sentence in 
next-to-last sentence in subsection (1), substi- subsection (2), inserted "possessory." 

49-1811. Sale of unclaimed vehicles. — (1) If the owner of a vehicle 
does not claim the vehicle before the day of sale or the owner or lienholder 
is unknown or cannot be located, the unclaimed vehicle shall be sold, 
pursuant to the notice of sale. Upon sale, the governmental entity conduct- 
ing the sale shall apply for and the department shall issue a new certificate 
of title for the unclaimed vehicle. The new certificate of title shall be 
delivered to the new purchaser by the department. The application for the 
new certificate of title shall state that the unclaimed vehicle has been sold 
as abandoned and ownerless to the purchaser. The new certificate of title 
may thereafter be used by the purchaser to show ownership of the sold 
unclaimed vehicle. 

(2) All sales of vehicles, pursuant to the provisions of this chapter, shall 
be under the direction of an appropriate governmental agency which shall 
prior to sale be satisfied that all prerequisites in this chapter have been 
satisfied. 

History. § 12, p. 351; am. and redesig. 1988, ch. 265, 

I.C., § 49-3615, as added by 1983, ch. 143, § 429, p. 549; am. 2010, ch. 171, § 11, p. 348. 



49-1812 MOTOR VEHICLES 160 

STATUTORY NOTES 

Amendments. for "abandoned vehicle" throughout, and in 

The 2010 amendment, by ch. 171, in sub- the first sentence, substituted "a vehicle" for 
section (1), substituted "unclaimed vehicle" "an abandoned vehicle". 

49-1812. Claiming of vehicles. — (1) The owner of any vehicle re- 
moved under the provisions of this chapter except those vehicles impounded 
for investigation or suspected stolen, may take possession of the vehicle at 
any time prior to sale by proving ownership and paying the costs relative to 
towing and storing the vehicle and costs of advertising except as otherwise 
provided in section 49-1805, Idaho Code. 

(2) A lienholder of any vehicle removed under the provisions of this 
chapter except those vehicles impounded for investigation or suspected 
stolen, may take possession of the vehicle at any time prior to the sale by 
proving the presence of the lien and by paying the costs relative to towing 
and storing the vehicle and costs of advertising. The lienholder may also 
take possession of the vehicle by purchasing the vehicle at the sale. Nothing 
in this chapter shall be construed to abate any cause of action that a 
lienholder has against the owner of an abandoned vehicle. 

(3) Any insurer having a claim made against it pertaining to any vehicle 
removed under the provisions of this chapter, except those vehicles im- 
pounded for investigation or suspected stolen, may take possession of the 
vehicle at any time prior to the settlement of such claim following determi- 
nation by such insurer that the vehicle has been determined by such insurer 
to be a total loss, obtaining verbal consent of the owner and by paying the 
lawfully entitled costs relative to towing and storing the vehicle. The insurer 
holding facility shall allow access to the vehicle owner or their representa- 
tive upon the vehicle owner or their representative providing evidence of 
ownership. Personal property unrelated to the vehicle must be returned to 
the vehicle owner in conformance with section 49-1809(2), Idaho Code. If no 
total loss settlement is reached, the insurer shall return the vehicle to a 
mutually agreed upon location. Any holding facility that releases a vehicle 
consistent with the provisions of this subsection shall be held harmless for 
the release of such vehicle. The insurer shall provide the location and 
telephone number of the insurer holding facility to the vehicle owner or their 
representative. 

History. § 430, p. 549; am. 2002, ch. 366, § 4, p. 1032; 

I.C., § 49-3616, as added by 1983, ch. 143, am. 2010, ch. 171, § 12, p. 348; am. 2011, ch. 
§ 13, p. 351; am. and redesig. 1988, ch. 265, 304, § 2, p. 870. 

STATUTORY NOTES 

Amendments. len" for "an abandoned vehicle or any vehicle 
The 2010 amendment, by ch. 171, in the removed under extraordinary circumstances"; 
section heading, deleted "abandoned" preced- in subsection (1), deleted "abandoned" preced- 
ing "vehicles"; in subsections (1) and (2), sub- ing "vehicle at any time"; and in subsection 
stituted "any vehicle removed under the pro- (2), twice deleted "abandoned" following "pos- 
visions of this chapter except those vehicles session of the." 
impounded for investigation or suspected sto- The 2011 amendment, by ch. 304, added 



161 TOWING AND STORAGE OF MOTOR VEHICLES 49-1814 

subsection (3). 

49-1813. Removal without payment prohibited. — Unauthorized 
removal of any vehicle towed under the provisions of this chapter from the 
custody of the department, the sheriff, state police or police department, or 
from the custody of any person holding the vehicle for the department, the 
sheriff, state police or police department without payment in full of all 
charges and costs that have been incurred under the provisions of this 
chapter shall be a misdemeanor and the vehicle may be recovered and 
returned to the place of storage or disposed of by the department, the sheriff, 
state police or police department. 

History. § 14, p. 351; am. and redesig. 1988, ch. 265, 

I.C., § 49-3617, as added by 1983, ch. 143, § 431, p. 549; am. 2010, ch. 171, § 13, p. 348. 

STATUTORY NOTES 

Amendments. abandoned vehicle," twice deleted "aban- 

The 2010 amendment, by ch. 171, substi- doned" preceding "vehicle," and inserted "re- 

tuted "removal of any vehicle towed under the turned to the place of storage or." 
provisions of this chapter" for "removal of an 

49-1814. Disposition of low-valued vehicles. — (1) If the vehicle is 
appraised at a value not exceeding seven hundred fifty dollars ($750), the 
provisions of sections 49-1809 through 49-1811, Idaho Code, shall not apply, 
and the person or public agency which removed the vehicle shall: 

(a) Prepare a certificate containing a description of the vehicle stating the 
appraised value of the vehicle and indicating one (1) of the following: 

1. The agency which requested the tow has submitted a certified 
statement that a declaration of opposition has not been received. 

2. The registered and legal owners have signed a certified release 
disclaiming any interest, which release shall be included with the 
certificate. 

3. The vehicle is in a condition that vehicle identification numbers are 
not available to determine owners of record. 

(b) Upon completion of the certificate, execute and deliver a bill of sale, 
together with a copy of the certificate, to the possessory lienholder, who 
shall endorse the bill of sale to an automobile parts dealer or to a scrap 
processor for disposal. 

(2) Automobile parts dealers acquiring vehicles which are the subject of 
certificates prepared and forwarded pursuant to this section shall be 
excused from any fees which would otherwise be due to the department. 

(3) A public agency may authorize, by contract, the removal or disposal of 
low-valued vehicles. The contract shall be issued to the lowest responsible 
bidder. Bills of sale shall then be executed and delivered, pursuant to 
subsection (l)(b) of this section, to the contractor. 

(4) The following persons shall have the authority to make appraisals for 
purposes of this chapter: 

(a) Any member of the Idaho state police; 



49-1815 MOTOR VEHICLES 162 

(b) Any regularly employed and salaried deputy sheriff or other employee 
designated by the sheriff of any county; 

(c) Any regularly employed and salaried peace officer or other employee 
designated by the chief of police of any city; 

(d) Any officer or employee of the division of motor vehicles designated by 
the director; 

(e) Any regularly salaried employee of a city, county, or city and county 
designated by a board of county commissioners or by a city council; or 

(f) Any regularly employed and salaried peace officer or other employee of 
the department of parks and recreation designated by the director of that 
department. 

(5) An appraiser, upon completion of an appraisal within the meaning of 
this chapter, shall notify the department of the appraisal and of the facts 
upon which the appraisal was based. 

History. § 432, p. 549; am. 1989, ch. 113, § 2, p. 255; 

I.C., § 49-3619, as added by 1982, ch. 267, am. 1995, ch. 116, § 28, p. 386; am. 1998, ch. 

§ 1, p. 690; redesig. and am. 1983, ch. 143, 392, § 27, p. 11971; am. 2000, ch. 469, § 120, 

§ 15, p. 351; am. and redesig. 1988, ch. 265, p. 1450; am. 2010, ch. 171, § 14, p. 348. 

STATUTORY NOTES 

Amendments. hundred dollars ($200)"; and in paragraph 

The 2010 amendment, by ch. 171, in the (1Kb), deleted "either" preceding "to the pos- 

first paragraph in subsection (1), substituted sessory lienholder." 
"seven hundred fifty dollars ($750)" for "two 

49-1815. Disposition of low-valued vehicles — Procedure. — The 

procedure for the disposition of low-valued vehicles is as follows: 

(1) The person or agency which removes the vehicle shall, within fifteen 
(15) working days following the date of possession of the vehicle, make a 
request to the department for the names and addresses of all persons having 
an interest in the vehicle. No storage charge shall accrue beyond the fifteen 
(15) day period unless the possessory lienholder has made a request to the 
department as provided in this section. 

(2) The person or agency which removes the vehicle shall immediately 
upon receipt of this information send, by certified mail with return receipt 
requested, the following prescribed forms and enclosures to the registered 
owner and legal owner at their addresses of record with the department, and 
to any other person known to have an interest in the vehicle: 

(a) A completed form entitled "Notice of Intent to Dispose of a Vehicle 
Valued at $750 or Less"; 

(b) A blank form entitled "Declaration of Opposition." 

(3) All notices to persons having an interest in the vehicle shall be signed 
under penalty of perjury and shall include all of the following: 

(a) A description of the vehicle, including make, year, model, identifica- 
tion number, license number, and state of registration; 

(b) The names and addresses of the registered and legal owners of the 
vehicle and any other person known to have an interest in the vehicle; 

(c) The following statements and information: 
1. The amount of the lien; 



163 TOWING AND STORAGE OF MOTOR VEHICLES 49-1816 

2. The facts concerning the claim which give rise to the lien; 

3. The person has a right to a hearing in court; 

4. If a hearing in court is desired, a declaration of opposition form shall 
be signed under penalty of perjury and returned to the agency which 
requested the tow within ten (10) days of the date the notice of intent to 
dispose of a vehicle valued at $750 or less form was mailed; and 

5. The declarant may be liable for court costs if a judgment is entered 
in favor of the possessory lienholder. 

(d) A statement that the possessory lienholder may dispose of the vehicle 
to a certified automobile parts dealer if it is not redeemed or if a 
declaration of opposition form is not signed and mailed to the agency 
which requested the tow within ten (10) days of the date the notice of 
intent to dispose of a vehicle valued at $750 or less form was mailed. 
(4) If the agency which requested the tow receives a completed declara- 
tion of opposition form within the time prescribed, the vehicle shall not be 
disposed of for an additional fifteen (15) day period during which time the 
individual filing the declaration of opposition must file an action with the 
appropriate court and cause the possessory lienholder to be served with the 
summons and complaint. The filing and service of the action will stay 
disposal of the vehicle pending decision by the court unless the declarant 
subsequently releases his interest in the vehicle. 

History. § 433, p. 549; am. 1989, ch. 113, § 3, p. 255; 

I.C., § 49-3619, as added by 1983, ch. 143, am. 1998, ch. 392, § 28, p. 1197; am. 2010, ch. 
§ 16, p. 351; am. and redesig. 1988, ch. 265, 171, § 15, p. 348. 

STATUTORY NOTES 

Amendments. sentence; and in paragraphs (2)(a), (3)(c)4., 

The 2010 amendment, by ch. 171, in sub- and (3)(d), substituted "$750" for "$200." 
section (1), inserted "possessory" in the last 

49-1816. Disposition of low- valued vehicle. — (1) Any vehicle de- 
termined to have a value not exceeding seven hundred fifty dollars ($750) 
which was stored pursuant to this chapter, and which remains unclaimed, or 
for which reasonable towing and storage charges remain unpaid, may be 
disposed of to an automobile parts dealer not earlier than fifteen (15) days 
after the date the notice of intent to dispose of a vehicle valued at seven 
hundred fifty dollars ($750) or less form was mailed, unless a declaration of 
opposition form has been signed and returned to the possessory lienholder. 

(2) If the vehicle has been disposed of to an automobile parts dealer, the 
person or agency removing the vehicle shall forward the following forms and 
information to the department within five (5) days: 

(a) A statement, signed under penalty of perjury, that a properly executed 
declaration of opposition form was not received; 

(b) A copy of the notice sent to all interested parties; 

(c) A certification from the public agency which made the determination 
of value pursuant to section 49-1814, Idaho Code; 

(d) The proof of service or a copy of the court judgment; 



49-1819 MOTOR VEHICLES 164 

(e) The name, address, and telephone number of the certified automobile 
parts dealer who received the vehicle; and 

(f) The amount the person or agency removing the vehicle received for the 
vehicle. 

History. § 17, p. 351; am. and redesig. 1988, ch. 265, 

I.C., § 49-3620, as added by 1983, ch. 143, § 434, p. 549; am. 2010, ch. 171, § 16, p. 348. 

STATUTORY NOTES 

Amendments. ($750)" for "two hundred dollars ($200)" and 

The 2010 amendment, by ch. 171, in the substituted "may be disposed of to an automo- 

section heading, deleted "automobile parts bile parts dealer" for "shall be disposed of only 

dealer" from the end; and in subsection (1), to an automobile parts dealer", 
twice substituted "seven hundred fifty dollars 

49-1819. Provisions of sections uniform throughout state. — The 

provisions of sections 49-1801 through 49-1818, Idaho Code, shall be 
applicable and uniform throughout the state and in all political subdivisions 
and no local authority shall enact or enforce any ordinance, rule or 
regulation in conflict with the provisions of these sections. 

History. 

I.C., § 49-1819, as added by 2010, ch. 171, 
§ 17, p. 348. 

CHAPTER 19 

MULTISTATE HIGHWAY TRANSPORTATION 
AGREEMENT 

SECTION. 

49-1901. Enactment of Western States 
Transportation Agreement. 

49-1901. Enactment of Western States Transportation Agree- 
ment. — The Western States Transportation Agreement is hereby enacted 
into law and entered into with all other jurisdictions legally joining therein 
as follows: 

WESTERN STATES TRANSPORTATION AGREEMENT 

Pursuant to and in conformity with the laws of their respective jurisdic- 
tions, the participating jurisdictions, acting by and through their officials 
lawfully authorized to execute this agreement, do mutually agree as follows: 

ARTICLE I 

Findings and Purposes 

SECTION 1. Findings. The participating jurisdictions find that: 
(a) The expanding regional economy depends on expanding transporta- 
tion capacity; 



165 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT 49-1901 

(b) Highway transportation is the major mode for movement of people 
and goods in the western states; 

(c) Uniform application in the west of more adequate vehicle size and 
weight standards will result in a reduction of pollution, congestion, fuel 
consumption and related transportation costs, which are necessary to 
permit increased productivity; 

(d) A number of western states have already, to the fullest extent 
possible, adopted substantially the 1964 Bureau of Public Roads recom- 
mended vehicle size and weight standards; and 

(e) The participating jurisdictions are most capable of developing vehicle 
size and weight standards most appropriate for the regional economy and 
transportation requirements, consistent with and in recognition of princi- 
ples of highway safety. 

SECTION 2. Purposes. The purposes of this agreement are to: 

(a) Adhere to the principle that each participating jurisdiction should 
have the freedom to develop vehicle size and weight standards that it 
determines to be most appropriate to its economy and highway system. 

(b) Establish a system authorizing the operation of vehicles traveling 
between two (2) or more participating jurisdictions at more adequate size 
and weight standards. 

(c) Promote uniformity among participating jurisdictions in vehicle size 
and weight standards on the basis of the objectives set forth in this 
agreement. 

(d) Secure uniformity insofar as possible, of administrative procedures in 
the enforcement of recommended vehicle size and weight standards. 

(e) Provide means for the encouragement and utilization of research 
which will facilitate the achievement of the foregoing purposes, with due 
regard for the findings set forth in section 1 of this article. 

(f) Facilitate communication between legislators, state transportation 
administrators and commercial industry representatives in addressing the 
emerging highway transportation issues in participating jurisdictions. 



ARTICLE II 



Definitions 

SECTION 1. As used in this agreement: 

(a) "Cooperating committee" means a body composed of the designated 
representatives from the participating jurisdictions. 

(b) "Designated representative" means a legislator or other person autho- 
rized under article X to represent the jurisdiction. 

(c) "Jurisdiction" means a state of the United States or the District of 
Columbia. 

(d) "Vehicle" means any vehicle as defined by statute to be subject to size 
and weight standards which operates in two (2) or more participating 
jurisdictions. 



49-1901 MOTOR VEHICLES 166 

ARTICLE III 

General Provisions 

SECTION 1. Qualifications for Membership. Participation in this agree- 
ment is open to jurisdictions which subscribe to the findings, purposes and 
objectives of this agreement and will seek legislation necessary to accom- 
plish these objectives. 

SECTION 2. Cooperation. The participating jurisdictions, working 
through their designated representatives, shall cooperate and assist each 
other in achieving the desired goals of this agreement pursuant to appro- 
priate statutory authority. 

SECTION 3. Effect of Headings. Article and section headings contained 
herein shall not be deemed to govern, limit, modify, or in any manner affect 
the scope, meaning, or intent of the provisions of any article or section 
hereof. 

SECTION 4. Vehicle Laws and Regulations. This agreement shall not 
authorize the operation of a vehicle in any participating jurisdiction 
contrary to the laws or regulations thereof. 

SECTION 5. Interpretation. The final decision regarding interpretation of 
questions at issue relating to this agreement shall be reached by unanimous 
joint action of the participating jurisdictions, acting through the designated 
representatives. Results of all such actions shall be placed in writing. 

SECTION 6. Amendment. This agreement may be amended by unani- 
mous joint action of the participating jurisdictions, acting through the 
officials thereof authorized to enter into this agreement, subject to the 
requirements of section 4, article III. Any amendment shall be placed in 
writing and become a part hereof. 

SECTION 7. Restrictions, Conditions or Limitations. Any jurisdiction 
entering this agreement shall provide each other participating jurisdiction 
with a list of any restriction, condition or limitation on the general terms of 
this agreement, if any. 

SECTION 8. Additional Jurisdictions. Additional jurisdictions may be- 
come members of this agreement by signing and accepting the terms of the 
agreement. 

ARTICLE IV 

Cooperating Committee 

SECTION 1. Each participating jurisdiction shall have two (2) designated 
representatives. Pursuant to section 2, article III, the designated represen- 
tatives of the participating jurisdictions shall constitute the cooperating 
committee which shall have the power to: 

(a) Collect, correlate, analyze and evaluate information resulting or 
derivable from research and testing activities in relation to vehicle size and 
weight related matters. 

(b) Recommend and encourage the undertaking of research and testing in 
any aspect of vehicle size and weight or related matter when, in their 



167 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT 49-1901 

collective judgment, appropriate or sufficient research or testing has not 
been undertaken. 

(c) Recommend changes in law or policy with emphasis on compatibility 
of laws and uniformity of administrative rules or regulations which would 
promote effective governmental action or coordination in the field of vehicle 
size and weight related matters. 

(d) Recommend improvements in highway operations, in vehicular safety, 
and in state administration of highway transportation laws. 

(e) Perform functions necessary to facilitate the purposes of this agree- 
ment. 

SECTION 2. Each designated representative of a participating jurisdic- 
tion shall be entitled to one (1) vote only. No action of the committee shall be 
approved unless a majority of the total number of votes cast by the 
designated representatives of participating jurisdictions are in favor 
thereof. 

SECTION 3. The committee shall meet at least once annually and shall 
elect, from among its members, a chairman, a vice chairman and a secretary. 

SECTION 4. The committee shall submit annually to the legislature of 
each participating jurisdiction a report setting forth the work of the 
committee during the preceding year and including recommendations 
developed by the committee. The committee may submit such additional 
reports as it deems appropriate or desirable. 

ARTICLE V 

Objectives of the Participating Jurisdictions 

SECTION 1. Objectives. The participating jurisdictions hereby declare 
that: 

(a) It is the objective of the participating jurisdictions to obtain more 
efficient and more economical transportation by motor vehicles between and 
among the participating jurisdictions by encouraging the adoption of stan- 
dards that will, as minimums, allow the operation of a vehicle or combina- 
tion of vehicles in regular operation on all state highways, except those 
determined through engineering evaluation to be inadequate, with a single- 
axle weight not in excess of 20,000 pounds, a tandem-axle weight not in 
excess of 34,000 pounds, and a gross vehicle or combination weight not in 
excess of that resulting from application of the formula: 

W = 500 ((LN/N-1] + 12N + 36) 
where W = maximum weight in pounds carried on any group of two or 
more axles computed to nearest 500 pounds. 

L = distance in feet between the extremes of any group of two or 
more consecutive axles. 

N = number of axles in group under consideration. 

(b) It is the further objective of the participating jurisdictions that the 
operation of a vehicle or combination of vehicles in interstate commerce 
according to the provisions of subsection (a) of this section be authorized 



49-1901 MOTOR VEHICLES 168 

under special permit authority by each participating jurisdiction for vehicle 
combinations in excess of statutory weight of 80,000 pounds and/or statu- 
tory lengths. 

(c) It is the further objective of the participating jurisdictions to facilitate 
and expedite the operation of any vehicle or combination of vehicles between 
and among the participating jurisdictions under the provisions of subsection 
(a) or (b) of this section, and to that end the participating jurisdictions 
hereby agree, through their designated representatives, to meet and coop- 
erate in the consideration of vehicle size and weight related matters 
including, but not limited to, the development of: uniform enforcement 
procedures; additional vehicle size and weight standards; operational stan- 
dards; agreements or compacts to facilitate regional application and admin- 
istration of vehicle size and weight standards; uniform permit procedures; 
uniform application forms; rules and regulations for the operation of 
vehicles, including equipment requirements, driver qualifications, and 
operating practices; and such other matters as may be pertinent. 

(d) The cooperating committee may recommend that the participating 
jurisdictions jointly secure congressional approval of this agreement and, 
specifically of the vehicle size and weight standards set forth in subsection 
(a) of this section. 

(e) It is the further objective of the participating jurisdictions to: 

(1) Establish transportation laws and regulations to meet regional needs 
and to promote an efficient, safe and compatible transportation network; 

(2) Develop standards that facilitate the most efficient and environmen- 
tally sound operation of vehicles on highways, consistent with and in 
recognition of principles of highway safety; 

(3) Establish programs to increase productivity and reduce congestion, 
fuel consumption and related transportation costs and enhance air 
quality through the uniform application of state vehicle regulations and 
laws. 

ARTICLE VI 

Entry Into Force and Withdrawal 

SECTION 1. This agreement shall enter into force when enacted into law 
by any two (2) or more jurisdictions. Thereafter, this agreement shall 
become effective as to any other jurisdiction upon its enactment thereof, 
except as otherwise provided in section 7, article III. 

SECTION 2. Any participating jurisdiction may withdraw from this 
agreement by cancelling the same but no such withdrawal shall take effect 
until thirty (30) days after the designated representative of the withdrawing 
jurisdiction has given notice in writing of the withdrawal to all other 
participating jurisdictions. 

ARTICLE VII 

Construction and Severability 

SECTION 1. This agreement shall be liberally construed so as to effectu- 
ate the purposes thereof. 



169 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT 49-1901 

SECTION 2. The provisions of this agreement shall be severable and if 
any phrase, clause, sentence or provision of this agreement is declared to be 
contrary to the constitution of any participating jurisdiction or the applica- 
bility thereto to any government, agency, person or circumstance is held 
invalid, the validity of the remainder of this agreement shall not be affected 
thereby If this agreement shall be held contrary to the constitution of any 
jurisdiction participating herein, the agreement shall remain in full force 
and effect as to the remaining jurisdictions and in full force and effect as to 
the jurisdictions affected as to all severable matters. 

ARTICLE VIII 

Filing of Documents 

SECTION 1. A copy of this agreement, its amendments, and rules or 
regulations promulgated thereunder and interpretations thereof shall be 
filed in the highway department in each participating jurisdiction and shall 
be made available for review by interested parties. 

ARTICLE IX 

Funding 

SECTION 1. Funds for the administration of this agreement, including 
participation in the cooperating committee and the actual expenses of the 
designated representatives, shall be budgeted or expensed as determined 
appropriate. 

ARTICLE X 

Selection of Designated Representatives 

SECTION 1. The process for selecting the designated representatives to 
the cooperating committee shall be established by law under this section. 

SECTION 2. The persons authorized to represent the state of Idaho as the 
designated representatives to the committee shall be the chairman of the 
senate transportation committee and the chairman of the house transpor- 
tation and defense committee, or a legislator or a state agency official that 
the chairman may assign. 

SECTION 3. The transportation chairman in each house shall also 
designate one (1) alternate designated representative who shall also be a 
legislator or state agency official to serve in his absence. 

History. § 438, p. 549; am. 2005, ch. 64, § 1, p. 223; 

I.C., § 49-2801, as added by 1975, ch. 51, am. 2012, ch. 255, § 5, p. 703. 
§ 1, p. 99; am. and redesig. 1988, ch. 265, 

STATUTORY NOTES 

Amendments. tuted "Western States Transportation" for 

The 2012 amendment, by ch. 255, substi- "multistate" in the section heading and sub- 



Colorado, Arizona, North Dakota, and New 
Mexico. 



49-2101 MOTOR VEHICLES 170 

stituted "Western States Transportation" for tion 67-1223, Idaho Code, until the State 

"Multistate Highway Transportation" twice in Treasurer issues a new series of medallions at 

the text. which time such legislative appointments 

would be appropriate." 

Legislative Intent. . 

Section 1 of S.L. 2012, ch. 255 provided: Compiler s Notes. 

"Legislative Intent. It is the intent of the The following states are members of the 

Legislature to repeal statutes involving inac- ^ est f m st * tes transportation alliance: Idaho, 

tive programs that require appointment of Montana, Oregon, Wyoming Nevada Utah, 
members of the Legislature. In addition to the 
repealed sections in this act, it is legislative 

intent that no legislative appointment be Effective Dates. 

made for the purposes of the Idaho Commem- Section 6 of S.L. 2012, ch. 255 declared an 

orative Silver Medallions as provided in Sec- emergency. Approved April 3, 2012. 

CHAPTER 21 
COMMERCIAL DRIVER SCHOOLS 

SECTION. 

49-2101 — 49-2106. [Repealed.] 

49-2101. Duties of the state board of education — Rules. [Re- 
pealed.] 

STATUTORY NOTES 

Compiler's Notes. 549; am. 2004, ch. 223, § 2, p. 664, was 

This section, which comprised 1965, ch. repealed by S.L. 2009, ch. 251, § 1. See § 54- 

145, § 2, p. 283; am. 1967, ch. 178, § 1, p. 5401 et seq. 
590; am. and redesig. 1988, ch. 265, § 446, p. 

49-2102. Schools — License required — Contents of application for 
license. [Repealed.] 

STATUTORY NOTES 

Compiler's Notes. 549; am. 2004, ch. 223, § 3, p. 664, was 

This section, which comprised 1965, ch. repealed by S.L. 2009, ch. 251, § 1. See § 54- 

145, § 3, p. 283; am. 1967, ch. 178, § 2, p. 5401 et seq. 
590; am. and redesig. 1988, ch. 265, § 447, p. 

49-2103. Instructors — License required — Contents of application 
for license — Public school contracts. [Repealed.] 

STATUTORY NOTES 

Compiler's Notes. redesig. 1988, ch. 265, § 448, p. 549; am. 

This section, which comprised 1965, ch. 1994, ch. 347, § 5, p. 1098; am. 2004, ch. 223, 

145, § 4, p. 283; am. 1967, ch. 178, § 3, p. § 4, p. 664, was repealed by S.L. 2009, ch. 

590; am. 1987, ch. 334, § 1, p. 707; am. and 251, § 1. See § 54-5401 et seq. 



171 HAZARDOUS MATERIALS/HAZARDOUS WASTE ENFORCEMENT 49-2203 

49-2104. Expiration and renewal of licenses — Fees. [Repealed.] 

STATUTORY NOTES 

Compiler's Notes. 549; am. 1993, ch. 180, § 1, p. 461, was 

This section, which comprised 1965, ch. repealed by S.L. 2009, ch. 251, § 1. See § 54- 

145, § 5, p. 283; am. 1967, ch. 178, § 4, p. 5401 et seq. 
590; am. and redesig. 1988, ch. 265, § 449, p. 

49-2105. Refusal, suspension or revocation of licenses. [Repealed.] 

STATUTORY NOTES 

Compiler's Notes. 590; am. and redesig. 1988, ch. 265, § 450, p. 

This section, which comprised 1965, ch. 549, was repealed by S.L. 2009, ch. 251, § 1. 
145, § 6, p. 283; am. 1967, ch. 178, § 5, p. See § 54-5401 et seq. 

49-2106. Exclusions — Free instruction — Colleges, universities 
and high schools. [Repealed.] 

STATUTORY NOTES 

Compiler's Notes. 265, § 451, p. 549; am. 1994, ch. 163, § 1, p. 

This section, which comprised 1965, ch. 371, was repealed by S.L. 2009, ch. 251, § 1. 
145, § 7, p. 283; am. and redesig. 1988, ch. See § 54-5401 et seq. 

CHAPTER 22 

HAZARDOUS MATERIALS/HAZARDOUS WASTE 
TRANSPORTATION ENFORCEMENT 

section. transporters of hazardous ma- 

49-2203. Endorsement requirements for terials. 

49-2203. Endorsement requirements for transporters of hazard- 
ous materials. — (1) Every person, including a private carrier or a 
common or contract carrier, who operates a vehicle on any highway of this 
state transporting hazardous material in such quantity and under such 
conditions that such vehicle is required to be placarded pursuant to 49 CFR 
part 172 or such vehicle's cargo is regulated by 49 CFR part 171 or is 
required to meet the manifest requirements as set forth under the rules of 
the department of environmental quality, shall first procure from the 
department an annual vehicle registration endorsement. This registration 
endorsement shall be available for examination, unless procured via the 
state web portal, and shall be displayed in accordance with rules adopted by 
the department. The provisions of this section shall not apply to vehicles 
owned by any city, county, state or federal governmental department or 
agency or special purpose district created pursuant to law. 

(2) The fee for an annual vehicle registration endorsement for the 
transportation of hazardous materials shall be ten dollars ($10.00). Any 
carrier required to pay the fee assessed pursuant to this section is autho- 
rized to pass along such fee to the shipping party. Vendors selling endorse- 



49-2417 



MOTOR VEHICLES 



172 



ments on behalf of the board shall be reimbursed at the rate of forty cents 
(40c0 per endorsement. No portion of the annual endorsement fee shall be 
prorated, reduced or transferred to another vehicle. 

(3) The operation of a vehicle, which is subject to the endorsement 
requirements of this section, in a negligent manner is a violation of the 
provisions of this chapter. 



History. 

I.C., § 49-2505, as added by 1986, ch. 231, 
§ 4, p. 627; am. 1987, ch. 345, § 2, p. 733; am. 



and redesig. 1988, ch. 265, § 455, p. 549; am. 
1990, ch. 331, § 2, p. 908; am. 2001, ch. 103, 
§ 89, p. 253; am. 2010, ch. 260, § 1, p. 662. 



STATUTORY NOTES 



Amendments. 

The 2010 amendment, by ch. 260, in sub- 
section (1), in the first sentence, twice substi- 
tuted "CFR" for "code of federal regulations," 
and deleted "or single trip vehicle registration 
endorsement for each vehicle so driven" from 
the end, and in the second sentence, inserted 
"unless procured via the state web portal"; 



and in the first sentence in subsection (2), 
substituted "ten dollars ($10.00)" for "three 
dollars ($3.00)," and deleted "if purchased at 
the time of registration or renewal, or five 
dollars ($5.00) if purchased at any time there- 
after and the fee for a single trip vehicle 
registration endorsement shall be five dollars 
($5.00)." 



CHAPTER 24 
MISCELLANEOUS 



SECTION. SECTION. 

49-2427. Identification of state police vehi- 49-2444. Identification card issued 
cles used for highway patrol. year or eight-year. 



Four- 



49-2417. Owner's tort liability for negligence of another — 
Subrogation. 



Ownership of car. 
Supplemental insurance. 
Use with permission. 



JUDICIAL DECISIONS 

Analysis 



Ownership of Car. 

Complaint under this section against a ve- 
hicle owner, for allowing a dangerous vehicle 
to be driven on a public highway, contained no 
allegation that the claim was based on the 
employer-employee relationship between the 
driver and the vehicle owner, therefore, § 6- 
1607, covering tort claims based upon the 
employer-employee relationship did not ap- 
ply, although the driver was in fact employed 
by the vehicle owner. Nava v. Rivas-Del Toro, 
151 Idaho 853, 264 P.3d 960 (2011). 



Supplemental Insurance. 

The 2007 amendment of 



49-1212(12), 



prohibiting insurers from providing step- 
down limits for household members under an 
insured's primary motor vehicle policy, is not 
applicable to supplemental liability (um- 
brella) policies. Farm Bureau Mut. Ins. Co. v. 
Schrock, 150 Idaho 817, 252 P.3d 98 (2011). 

Use with Permission. 

District court properly determined that a 
vehicle's owner gave the driver permission to 
drive where the owner's instruction to the 
driver to drive the vehicle to a gas station and 
back constituted express permission to oper- 
ate the vehicle. Or. Mut. Ins. Co. v. Farm 
Bureau Mut. Ins. Co., 148 Idaho 47, 218 P.3d 
391 (2009). 



173 MISCELLANEOUS 49-2444 

49-2427. Identification of state police vehicles used for highway 
patrol. — Every motor vehicle other than motorcycles, owned by the state 
of Idaho and used as a state police highway patrol vehicle shall be marked 
as provided by section 49-2426, Idaho Code, and shall in addition, be painted 
with a black body and shall be identified in one (1) of the following manners: 

(1) By having a white stripe, at least six (6) inches in width, applied 
completely around the vehicle; 

(2) By having a blue light mounted on the top of the vehicle which must 
be visible from any direction; or 

(3) By having two (2) white stripes at least one and one-half (1 1/2) inches 
in width applied from the center point of the hood across the hood on each 
side and extending diagonally down to the bottom of the doors on each side 
of the vehicle. No other state agency, person, or local unit of government 
shall have any vehicle with a stripe or stripes from the center point of the 
hood across the hood on each side and extending diagonally down to the 
bottom of the doors on each side of the vehicles. 

History. am. 1976, ch. 56, § 1, p. 195; am. 1979, ch. 70, 

I.C., § 49-1701A, as added by 1969, ch. 327, § 2, p. 176; am. and redesig. 1988, ch. 265, 
§ 1, p. 1033; am. 1970, ch. 220, § 1, p. 619; § 487, p. 549; am. 2009, ch. 85, § 1, p. 235. 

STATUTORY NOTES 

Amendments. and (3), substituted "applied" for "painted"; 

The 2009 amendment, by ch. 85, in the and, in the last sentence in subsection (3), 

introductory paragraph, deleted "with a white deleted "which is painted" preceding "with a 

top" following "black body"; in subsections (1) stripe or stripes." 

49-2444. Identification card issued — Four-year or eight-year. — 

(1) The department shall issue a distinguishing identification card that 
shall set forth the information contained in the application, in a form as 
prescribed by the department. All identification cards issued on or after 
January 1, 1993, shall not contain the applicant's social security number. An 
applicant's social security number shall be exempt from disclosure except for 
inquiries from agencies or institutions authorized to obtain such informa- 
tion by federal law or regulation, from peace officers or from jury commis- 
sioners. Each card shall have printed on it the applicant's full name, date of 
birth, Idaho residence address, sex, weight, height, eye color, hair color, and 
shall be issued a distinguishing number assigned to the applicant. If an 
applicant has submitted an application pursuant to the provisions of 
chapter 58, title 19, Idaho Code, then the applicant's identification card 
shall contain his or her alternative Idaho mailing address in place of his or 
her Idaho residence address. Each card shall also have printed on it the 
name of this state, the date of issuance, and the date of expiration. An 
identification card shall not be valid until it has been signed on the 
signature line by the applicant. Each card shall bear upon it a color 
photograph of the applicant which shall be taken by the examiner at the 
time of application. The photograph shall be taken without headgear or 
other clothing or device that disguises or otherwise conceals the face or head 
of the applicant. A waiver may be granted by the department allowing the 



49-2444 MOTOR VEHICLES 174 

applicant to wear headgear or other head covering for medical, religious or 
safety purposes so long as the face is not disguised or otherwise concealed. 
At the request of the applicant, an identification card may contain a 
statement or indication of the medical condition of the applicant. 

No person shall receive an identification card unless and until he 
surrenders to the department all identification cards in his possession 
issued to him by Idaho or any other jurisdiction, or any driver's license 
issued by any other jurisdiction within the United States, or until he 
executes an affidavit that he does not possess an identification card or any 
driver's license. 

Identification cards issued to persons under eighteen (18) years of age 
shall include a notation "under 18 until (month, day, year)," and identifica- 
tion cards issued to persons eighteen (18) years of age to twenty-one (21) 
years of age shall include a notation "under 21 until (month, day, year)." The 
nonrefundable fee for a four-year identification card issued to persons 
twenty-one (21) years of age or older shall be ten dollars ($10.00) of which 
five dollars ($5.00) shall be retained by the county and credited to the 
current expense fund, and five dollars ($5.00) shall be deposited in the state 
treasury to the credit of the highway distribution account. The nonrefund- 
able fee for identification cards issued to persons under twenty-one (21) 
years of age shall be ten dollars ($10.00), of which five dollars ($5.00) shall 
be retained by the county and credited to the current expense fund, and five 
dollars ($5.00) shall be deposited in the state treasury to the credit of the 
highway distribution account. The nonrefundable fee for an eight-year 
identification card shall be twenty dollars ($20.00) of which ten dollars 
($10.00) shall be retained by the county and credited to the current expense 
fund, and ten dollars ($10.00) shall be deposited in the state treasury to the 
credit of the highway distribution account. At the option of the applicant, the 
identification card issued to a person twenty-one (21) years of age or older 
shall expire either on the cardholder's birthday in the fourth year or the 
eighth year following issuance of the card, except as otherwise provided in 
subsection (3) of this section. Every identification card issued to a person 
under eighteen (18) years of age shall expire five (5) days after the person's 
eighteenth birthday, except as otherwise provided in subsection (3) of this 
section. Every identification card issued to a person eighteen (18) years of 
age but under twenty-one (21) years of age shall expire five (5) days after the 
person's twenty-first birthday, except as otherwise provided in subsection (3) 
of this section. 

Individuals required to register in compliance with section 3 of the federal 
military selective service act, 50 U.S.C. App. 451 et seq., as amended, shall 
be provided an opportunity to fulfill such registration requirements in 
conjunction with an application for an identification card. Any registration 
information so supplied shall be transmitted by the department to the 
selective service system. 

(2) Every identification card, except those issued to persons under twen- 
ty-one (21) years of age, shall be renewable on or before its expiration, but 
not more than twenty-five (25) months before, and upon application and 
payment of the required fee. 



175 MISCELLANEOUS 49-2444 

(3) Every identification card issued to a person who is not a citizen or 
permanent legal resident of the United States shall have an expiration date 
that is the same date as the end of lawful stay in the United States as 
indicated on documents issued and verified by the department of homeland 
security, provided however, that the expiration date shall not extend beyond 
the expiration date for the same category of identification card issued to 
citizens. Persons whose department of homeland security documents do not 
state an expiration date shall be issued an identification card with an 
expiration date of one (1) year from the date of issuance. 

(4) When an identification card has been expired for less than twenty-five 
(25) months, the renewal of the identification card shall start from the 
original date of expiration regardless of the year in which the application for 
renewal is made. If the identification card is expired for more than 
twenty-five (25) months, the application shall expire, at the option of the 
applicant, on the applicant's birthday in the fourth year or the eighth year 
following reissuance of the identification card, except as otherwise provided 
in subsection (3) of this section. 

(5)(a) If an Idaho identification card has expired or will expire and the 
identification cardholder is temporarily out of state except on active 
military duty, the identification cardholder may request in writing on a 
form prescribed by the department an extension of the identification card. 
The request shall be accompanied by the fee fixed in section 49-306, Idaho 
Code, and the extension shall be no more than a twelve (12) month period. 
If the department determines that an extension of the identification card 
is necessary, it may issue an identification card showing the date to which 
the expired identification card is extended. Identification card extensions 
are limited to two (2) consecutive extensions per identification cardholder, 
(b) Upon returning to the state of Idaho, the identification cardholder 
shall, within ten (10) days, apply for a renewal of the expired identifica- 
tion card and surrender the extended identification card and the expired 
identification card. 

(6) An Idaho identification card issued to any person prior to serving on 
active duty in the armed forces of the United States, or a member of the 
immediate family accompanying such a person, if valid and in full force and 
effect upon entering active duty, shall remain in full force and effect and 
shall, upon application, be extended for a period of four (4) years so long as 
active duty continues, and the identification card shall remain in full force 
and effect sixty (60) days following the date the cardholder is released from 
active duty. 

(7) A person possessing an identification card who desires to donate any 
or all organs or tissue in the event of death, and who has completed a 
document of gift pursuant to the provisions for donation of anatomical gifts 
as set forth in chapter 34, title 39, Idaho Code, may, at the option of the 
donor, indicate this desire on the identification card by the imprinting of the 
word "donor" on the identification card. The provisions of this subsection 
shall apply to persons possessing an identification card who are sixteen (16) 
years of age or older but less than eighteen (18) years of age if the 
requirements provided in chapter 34, title 39, Idaho Code, have been 
complied with. 



49-2444 MOTOR VEHICLES 176 

(8) A person possessing an identification card or an applicant for an 
identification card who is a person with a permanent disability may request 
that the notation "permanently disabled" be imprinted on the identification 
card, provided the person presents written certification from a licensed 
physician verifying that the person's stated impairment qualifies as a 
permanent disability according to the provisions of section 49-117, Idaho 
Code. 

(9) In the case of a name change, the applicant shall provide legal 
documentation to verify the change in accordance with department rules. 

(10) Whenever any person, after applying for or receiving an identifica- 
tion card, shall move from the address shown on the application or on the 
identification card issued, that person shall, within thirty (30) days, notify 
the transportation department in writing of the old and new addresses. 

(11) The department shall cancel any identification card upon determin- 
ing that the person was not entitled to the issuance of the identification 
card, or that the person failed to give the required and correct information 
in his application or committed fraud in making the application. Upon 
cancellation, the person shall surrender the canceled identification card to 
the department. 

(12) If any person shall fail to return to the department the identification 
card as required, the department may direct any peace officer to secure its 
possession and return the identification card to the department. 

(13) The department may issue a no-fee identification card to an individ- 
ual whose driver's license has been canceled and voluntarily surrendered as 
provided in section 49-322(5), Idaho Code. The identification card may be 
renewed at no cost to the applicant as long as the driver's license remains 
canceled. 

(14) It is an infraction for any person to fail to notify the department of a 
change of address as required by the provisions of subsection (10) of this 
section. 

History. am. 1999, ch. 317, § 3, p. 797; am. 1999, ch. 



I.C., § 49-3003, as added by 1976, ch. 15 
§ 1, p. 44; am. 1982, ch. 95, § 127, p;. 185 
am. and redesig. 1988, ch. 265, § 499, p. 549 
am. 1989, ch. 310, § 30, p. 769; am. 1990, ch 
45, § 40, p. 71; am. 1991, ch. 203, § 2, p. 482 
am. 1992, ch. 115, § 37, p. 345; am. 1992, ch 
118, § 3, p. 391; am. 1994, ch. 85, § 2, p. 200 
am. 1998, ch. 110, § 32, p. 375; am. 1999, ch 
79, § 2, p. 225; am. 1999, ch. 81, § 21, p. 237 



318, § 4, p. 803; am. 2000, ch. 56, § 3, p. Ill 
am. 2000, ch. 304, §§ 3, 4, p. 1035; am. 2001 
ch. 74, § 9, p. 171; am. 2001, ch. 332, § 5, p 
1165; am. 2002, ch. 161, § 2, p. 474; am. 2002 
ch. 171, § 18, p. 493; am. 2006, ch. 265, § 5, p 
821; am. 2008, ch. 63, § 5, p. 164; am. 2009 
ch. 331, § 8, p. 947; am. 2010, ch. 225, § 7, p 
501; am. 2011, ch. 60, § 7, p. 124; am. 2012 
ch. 32, § 3, p. 96. 



STATUTORY NOTES 

Amendments. tion 49-322(4), Idaho Code" in the first sen- 

The 2009 amendment, by ch. 331, increased tence of subsection (11). 

the fees in the third paragraph in subsection The 2012 amendment, by ch. 32, substi- 

(1). tuted "twenty-five (25) months" for "twelve 

The 2010 amendment, by ch. 225, added the (12) months" once in subsection (2) and twice 

fifth sentence in subsection (1). in subsection (4); added subsections (5) and 

The 2011 amendment, by ch. 60, substi- (6) and redesignated the remaining subsec- 

tuted "section 49-322(5), Idaho Code" for "sec- tions accordingly; and substituted "subsection 



177 MOTOR VEHICLE SERVICE CONTRACTS 49-2803 

(10)" for "subsection (8)" near the end of sub- (b) of this section, should be spent on depart- 

section (14). ment technology operations and improve- 

Legislative Intent. ment * includ ing, but not limited to: pave- 

Section 1 of S.L. 2009, ch. 331 provided: ™ ent ' maintenance, scheduling and financial 

"Legislative Intent. It is the intent of the elec ^onic management systems. 

Legislature that the moneys raised through ^ The department should review approx- 

the increase in fees authorized by the provi- imately every five (5) years the fees provided 

sions of this act be expended in the following for in this act and recommend appropriate 

order on and for the following: changes to such fees in the Legislature." 

"(a) First, moneys raised from the increase 

in fees should be expended to address any Effective Dates. 

revenue deficit or shortfall that the Division Section 9 of S.L. 2009, ch. 331 provided that 

of Motor Vehicles is operating under as of tne act should take effect on and after Janu- 

June 30, 2009. ary 1, 2010. 

"(b) Second, any moneys remaining after Section 8 of S.L. 2010, ch. 225 provided that 

the expenditures relating to subsection (a) of the act should take effect on and after Janu- 

this section, should be expended on improve- ary 1, 2011. 

ments to the Division of Motor Vehicle's tech- Section 8 of S.L. 2011, ch. 60 provided that 

nology operations and improvements. the act should take effect on and after Janu- 

"(c) Third, any moneys remaining after the ary 30, 2012. Chapter 60 became law without 

expenditures relating to subsections (a) and the signature of the governor. 

CHAPTER 28 
MOTOR VEHICLE SERVICE CONTRACTS 

SECTION. SECTION. 

49-2803. Service contract reimbursement 49-2806. Prohibited acts. 

policy requirements. 49-2811. Enforcement by attorney general. 

49-2805A. Deceptive solicitation of motor ve- 
hicle service contracts prohib- 
ited — penalties. 

49-2803. Service contract reimbursement policy requirements. 

— (1) Mandatory insurance. 

(a) No motor vehicle service contract shall be issued, sold, or offered for 
sale in this state unless the motor vehicle service contract provider is 
insured under a service contract liability policy issued by an insurer 
admitted to do business in this state or as otherwise provided in 
subsection (2) of this section. The policy shall provide that the insurer will 
pay to, or on behalf of, the motor vehicle service contract provider all sums 
which the motor vehicle service contract provider is legally obligated to 
pay according to the motor vehicle service contract provider's contractual 
obligations under the motor vehicle service contracts issued or sold by the 
motor vehicle service contract provider. 

(b) All service contract liability policies insuring motor vehicle service 
contracts issued, sold or offered for sale in this state must conspicuously 
state that, upon failure of the motor vehicle service contract provider to 
perform under the contract, the issuer of the policy shall pay on behalf of 
the provider any sums which the provider is legally obligated to perform, 
according to the provider's contractual obligations under the motor 
vehicle service contracts issued or sold by the provider. 

(2) The service contract liability policy shall be obtained from an insurer 
authorized, registered or otherwise permitted to transact insurance in this 
state or a surplus lines insurer meeting the requirements of chapter 12, title 



49-2805A MOTOR VEHICLES 178 

41, Idaho Code, and which insurer or surplus lines insurer meets one (1) of 
the following requirements: 

(a)(i) Maintain surplus as to policyholders and paid-in capital of at least 

fifteen million dollars ($15,000,000); and 

(ii) Annually file copies of the insurer's financial statements, its NAIC 

annual statement and the actuarial certification required by and filed in 

the insurer's state of domicile; or 
(b)(i) Maintain surplus as to policyholders and paid-in capital of less than 

fifteen million dollars ($15,000,000) but at least equal to ten million 

dollars ($10,000,000); and 

(ii) Maintain a ratio of net written premiums, wherever written, to 

surplus as to policyholders and paid-in capital of not greater than three 

(3) to one (1); and 

(iii) Annually files copies of the insurer's audited financial statements, 

its NAIC annual statement and the actuarial certification required by 

and filed in the insurer's state of domicile. 

(3) Premiums. Premiums are defined as those funds paid by or on behalf 
of the motor vehicle service contract provider to the liability insurance policy 
issuer for such risks covered under such liability insurance policy. Such 
premiums or the method of developing such premiums shall be filed with the 
director of the department of insurance for approval. 

(4) Cancellation of service contract liability insurance policy. The issuer 
of a service contract liability policy may not cancel the policy until a thirty 
(30) days' advance notice of cancellation has been mailed or delivered to each 
motor vehicle service contract provider. The cancellation of a service 
contract liability policy shall not reduce the insurer's responsibility for 
motor vehicle service contracts issued by motor vehicle service contract 
providers prior to the date of the cancellation. 

History. § 1, p. 1272; am. 2002, ch. 299, § 1, p. 854; 

I.C., § 49-2803, as added by 1993, ch. 340, am. 2010, ch. 243, § 1, p. 625. 

STATUTORY NOTES 

Amendments. section"; and rewrote subsection (2), which 

The 2010 amendment, by ch. 243, in the dealt with the reserves to be maintained on 

first sentence in paragraph (l)(a), added "or service contract liability policies issued, 
as otherwise provided in subsection (2) of this 

49-2805A. Deceptive solicitation of motor vehicle service con- 
tracts prohibited — penalties. — (1) It shall be unlawful for any 
company to directly or indirectly represent in any manner, whether by 
written solicitation, advertisement, or telemarketing, a false, deceptive or 
misleading statement with regard to: 

(a) Such company's affiliation with a motor vehicle manufacturer, recre- 
ational vehicle manufacturer or dealer; 

(b) Such company's possession of information regarding a motor vehicle 
owner's current motor vehicle manufacturer or recreational vehicle man- 
ufacturer original equipment warranty; 

(c) All indications that such company's records show that a motor vehicle 



179 MOTOR VEHICLE SERVICE CONTRACTS 49-2806 

or recreational vehicle owner's current motor vehicle manufacturer or 
recreational manufacturer's original equipment warranty is nearing or 
past expiration; 

(d) A requirement that such motor vehicle, or recreational vehicle owner 
register for a new motor vehicle service contract with such company to 
maintain coverage under the motor vehicle or recreational vehicle owner's 
current service contract or manufacturer's original equipment warranty. 

(2) In addition to any other penalty provided by law, any company who 
violates any provisions of this section shall be subject to prosecution for a 
misdemeanor for each violation, plus a civil penalty of one thousand dollars 
($1,000) a day for each violation. 

(3) This section shall be enforced by the Idaho attorney general or local 
prosecuting attorney. 

History. 

I.C., § 49-2805A, as added by 2010, ch. 243, 
§ 2, p. 625. 

STATUTORY NOTES 

Prior Laws. 838, became null and void, pursuant to S.L. 

Former § 49-2805A, which comprised I.C., 2009, ch. 276, § 4, effective July 1, 2010. 
§ 49-2805A, as added by 2009, ch. 276, § 1, p. 

49-2806. Prohibited acts. — (1) A motor vehicle service contract 
provider may not use in its name, contracts or literature: 

(a) Any of the words insurance, casualty, surety, mutual or any other 
words descriptive of the insurance, casualty or surety business; or 

(b) A name deceptively similar to the name or description of any insur- 
ance or surety corporation, or any other motor vehicle service contract 
provider. 

(2) A motor vehicle service contract provider, its representative or any 
other person may not make, permit or allow to be made any false, deceptive 
or misleading statement, or deliberately omit any material statement that 
would be considered misleading if omitted, in connection with the sale, offer 
to sell or advertisement of a motor vehicle service contract. 

(3) A motor vehicle service contract provider, its representative or any 
other person may not make, permit or allow to be made any advertisement 
to sell a motor vehicle service contract that does not comply with section 
49-2805A, Idaho Code. 

History. 

I.C., § 49-2806, as added by 1993, ch. 340, 
§ 1, p. 1272; am. 2009, ch. 276, § 2, p. 838. 

STATUTORY NOTES 

Amendments. Effective Dates. 

The 2009 amendment, by ch. 276, in sub- Section 4 of S.L. 2009, ch. 276 provided that 

section (2), inserted "or any other person" and the act should take effect on and after July 1, 

"deceptive" and added subsection (3). 2009. 



49-2811 MOTOR VEHICLES 180 

49-2811. Enforcement by attorney general. — The attorney general 
may, when in the public interest, bring an action pursuant to the Idaho 
consumer protection act, chapter 6, title 48, Idaho Code, against any motor 
vehicle service contract provider, its representative or any other person for 
a violation of the provisions of section 49-2805Aor 49-2806, Idaho Code. For 
purposes of such action, violations of the provisions of section 49-2805A or 
49-2806, Idaho Code, shall be deemed to be violations of the Idaho consumer 
protection act. In any such action, the attorney general and the district court 
shall have the same authority as is granted the attorney general and the 
district court under the Idaho consumer protection act. 

History. 

I.C., § 49-2811, as added by 2009, ch. 276, 
§ 3, p. 838. 

STATUTORY NOTES 

Effective Dates. the act should take effect on and after July 1, 

Section 4 of S.L. 2009, ch. 276 provided that 2009. 

CHAPTER 29 

RURAL ECONOMIC DEVELOPMENT AND 

INTEGRATED FREIGHT TRANSPORTATION 

PROGRAM 

SECTION. SECTION. 

49-2902. Interagency working group created. 49-2905. State rail and intermodal facility 
49-2904. Rural economic development and system plan, 

integrated freight transporta- 
tion revolving loan fund. 

49-2902. Interagency working group created. — (1) An inter- 
agency working group is hereby created to advise the department of 
agriculture on issues and policies in support of the department of agricul- 
ture's administration of the rural economic development and integrated 
freight transportation program established in section 49-2901, Idaho Code. 
The interagency working group shall participate in planning and identifying 
program needs and shall carry out its duties specified in section 49-2903, 
Idaho Code. Before recommending state funding, using state dedicated 
funds, and recommending priorities, the interagency working group shall 
seek pertinent information, facts and data from state and local govern- 
ments, and agencies regarding rural freight transportation issues. 

(2) The interagency working group shall be composed of eight (8) mem- 
bers: 

(a) Four (4) members shall be appointed by the director of the Idaho 
transportation department, two (2) of whom shall be employees of the 
Idaho transportation department with a working knowledge of rail and 
truck freight transportation and intermodal entities, one (1) member, not 
a state employee, shall represent freight shipping interests, and one (1) 



181 RURAL FREIGHT TRANSPORTATION 49-2904 

member shall be a representative from the local highway technical 
assistance council; 

(b) Three (3) members shall be appointed by the director of the depart- 
ment of agriculture, two (2) of whom shall be employees of the department 
of agriculture with a working knowledge of economic development issues, 
and one (1) member, not a state employee, shall represent business 
development and financing interests; and 

(c) One (1) member shall be appointed by the director of the department 
of commerce and shall be an employee with knowledge of rural economic 
development issues. 

(d) At the beginning of each state fiscal year, the director of the Idaho 
transportation department shall designate one (1) of his appointees as 
cochairman, and the director of the department of agriculture shall 
designate one (1) of his appointees as cochairman. 

(e) Each member appointed shall serve at the pleasure of the appointing 
authority, provided however, the service of state employee members shall 
run concurrently with their state employment. Nonstate employee mem- 
bers shall serve one (1) term of five (5) years, but may be appointed to 
serve nonconsecutive terms, and shall be reimbursed according to the 
provisions of section 59-509(b), Idaho Code. 

(f) The interagency working group shall meet at such times as necessary 
and appropriate to review applications for funds distributed pursuant to 
the provisions of this chapter, but not less frequently than annually. 

(3) The department of agriculture shall determine and provide for 
amounts appropriated to the fund, from interest only an annual amount not 
to exceed three percent (3%) of total assets for planning and operating 
expenses and staff assistance and support from the department of agricul- 
ture and the Idaho transportation department in order to administer the 
program, and to administer the fund established in section 49-2904, Idaho 
Code. 

History. am. 2007, ch. 360, § 16, p. 1061; am. 2008, ch. 

I.C., § 49-2902, as added by 2006, ch. 413, 27, § 11, p. 51; am. 2008, ch. 153, § 1, p. 443; 
§ 3, p. 1252; am. 2007, ch. 339, § 2, p. 990; am. 2009, ch. 198, § 1, p. 635. 

STATUTORY NOTES 

Amendments. "of total assets" and substituted "a one-time 

The 2009 amendment, by ch. 198, in sub- amount" for "an annual amount." 
section (3), inserted "from interest only" and 

49-2904. Rural economic development and integrated freight 
transportation revolving loan fund. — (1) The rural economic develop- 
ment and integrated freight transportation revolving loan fund is hereby 
created in the state treasury. The department of agriculture is authorized to 
administer the rural economic development and integrated freight trans- 
portation revolving loan fund. Moneys in the fund shall be used only for the 
purposes specified in this chapter. Surplus moneys in the fund shall be 
invested by the state treasurer in the same manner as provided under 
section 67-1210, Idaho Code, with respect to other surplus or idle moneys in 



49-2904 MOTOR VEHICLES 182 

the state treasury. Interest earned on the investments shall be returned to 
the rural economic development and integrated freight transportation 
revolving loan fund. 

(2) Moneys in the fund are subject to appropriation and may consist of 
appropriations, grants, repayment of loans and other revenues from any 
other sources. 

(3) Moneys in the fund may be used for loans or grants for qualified rural 
projects for the development and preservation of intermodal rail and truck 
services and facilities upon terms and conditions to be determined by the 
department of agriculture with the assistance and advice of the interagency 
working group as appropriate, for the purpose of: 

(a) Rehabilitating, or improving rail lines to preserve essential local rail 
service; 

(b) Purchasing or rehabilitating railroad equipment necessary to main- 
tain essential rail service; 

(c) Construction of loading or reloading facilities or other capital improve- 
ments including building or improving local transportation infrastruc- 
ture, to increase business and commerce, and to improve shipping service; 
or 

(d) Coordinating intermodal truck and rail traffic for integrated rural 
freight transportation. 

(4) For the purposes of this chapter, "qualified lines" means class III short 
lines, branch lines of class I railroads leased or operated by a class III 
railroad, branch lines of class II railroads, and lines owned by public entities 
including port districts and intermodal commerce authorities. Definitions of 
class I, II and III railroads shall be as defined by the federal railroad 
administration. 

(5) Moneys received by the department of agriculture from loan pay- 
ments or other revenues shall be redeposited in the rural economic devel- 
opment and integrated freight transportation fund. Repayment of loans 
made under this chapter shall occur within a period as set by the depart- 
ment, but no repayment which exceeds fifteen (15) years shall be allowed. 
The repayment schedule and rate of interest shall be determined before the 
moneys are distributed. 

(6) Moneys distributed under the provisions of this chapter shall be 
provided as loans to qualified lines or shippers. 

(7) As interest funds allow, authorize matching grants not to exceed one 
hundred thousand dollars ($100,000) per grant for planning and develop- 
ment of intermodal commerce authorities as provided in chapter 22, title 70, 
Idaho Code, upon conditions established in subsection (3) of this section. 

History. § 5, p. 1252; am. 2007, ch. 339, § 4, p. 990; 

I.C., § 49-2903, as added by 2001, ch. 348, am. 2007, ch. 360, § 18, p. 1061; am. 2008, ch. 

§ 2, p. 1224; am. and redesig. 2006, ch. 413, 154, § 1, p. 444; am. 2009, ch. 92, § 1, p. 268. 

STATUTORY NOTES 

Amendments. thorize matching grants" for "authorize one 

The 2009 amendment, by ch. 92, in subsec- (1) matching grant per year," and inserted 
tion (7), inserted "interest," substituted "au- "per grant." 



183 RURAL FREIGHT TRANSPORTATION 49-2905 

49-2905. State rail and intermodal facility system plan. — (1) The 

Idaho transportation department shall prepare and periodically update a 
state rail and intermodal facility system plan, a primary objective of which 
is to identify, evaluate and encourage the development and preservation of 
essential rail and truck intermodal services. The plan shall: 

(a) Identify and describe the state's rail system; 

(b) Prepare state rail system maps; 

(c) Identify and evaluate mainline capacity issues in cooperation with the 
railroads; 

(d) Identify and evaluate rail access and congestion issues; 

(e) Identify and evaluate rail commodity flows and traffic types; 

(f) Identify lines and corridors that have been rail banked or preserved; 

(g) Identify and evaluate other rail and intermodal issues affecting the 
state's freight transportation system and regional and local economies; 
(h) Identify and evaluate those rail freight lines that are potentially 
subject to abandonment in the future because of unmet capital needs or 
other reasons, or have recently been approved for abandonment but the 
track improvements are still in place; 

(i) Whenever possible provide priorities for determining which rail lines 
or intermodal commerce authorities should receive state support, and 
provide to the interagency working group supporting information used in 
establishing such priorities for use by the interagency working group in 
advising the department of agriculture. The priorities should include: 
(i) The anticipated benefits to the state and local economy; 
(ii) Coordinated freight transportation system including the antici- 
pated cost of road and highway improvements necessitated by the 
proposed project; 

(hi) Establishment of an intermodal facility, if indicated; 
(iv) The likelihood the qualified line receiving funding can meet oper- 
ating costs from freight charges, surcharges on rail traffic and other 
funds; and 

(v) The impact of abandonment or capacity constraints if the project 
does not obtain state support; and 
(j) Identify and describe the state's intermodal rural rail and truck freight 
system by: 

(i) Preparing state intermodal and regional freight transfer station 
system maps; 

(ii) Identifying and evaluating intermodal and truck and rail freight 
transfer capacity and coordination issues in cooperation with local 
government and the railroad and truck interests; 

(hi) Identifying and evaluating intermodal and freight transfer access 
and highway capacity issues; and 

(iv) Identifying and evaluating major freight commodity origins, desti- 
nations and traffic flows by mode and corridor. 
(2) The Idaho transportation department shall provide information to the 
interagency working group for assisting and advising the department of 
agriculture to monitor the status of the state's mainline, short line and 
branch line common carrier railroads through the state rail planning 



49-2905 MOTOR VEHICLES 184 

process and various analyses. In addition, the Idaho transportation depart- 
ment shall submit to the interagency working group, its evaluation of 
alternatives to abandonment prior to federal surface transportation board 
proceedings, where feasible. 

(3) The state rail and intermodal facility system plan may be prepared in 
conjunction with any rail plan currently prepared by the Idaho transporta- 
tion department pursuant to other federal rail assistance programs, or 
which may be enacted, including if applicable, the federal local rail freight 
assistance program. 

(4) The Idaho transportation department shall determine the amount of 
moneys necessary to prepare and periodically update the state rail plan 
required by subsection (1) of this section, and communicate that amount to 
the department of agriculture who shall annually provide to the transpor- 
tation department moneys in an amount not to exceed one percent (1%) of 
the total assets in the fund established by section 49-2904, Idaho Code, to 
prepare and periodically update the state rail plan. The Idaho transporta- 
tion department is hereby authorized to accumulate these funds not to 
exceed an aggregate amount of seventy-five thousand dollars ($75,000) for 
preparing and periodically updating the state rail plan. 

History. § 6, p. 1252; am. 2007, ch. 339, § 5, p. 990; 

I.C., § 49-2904, as added by 2001, ch. 348, am. 2007, ch. 360, § 19, p. 1061; am. 2008, ch. 

§ 2, p. 1224; am. and redesig. 2006, ch. 413, 27, § 13, p. 53; am. 2012, ch. 318, § 1, p. 872. 

STATUTORY NOTES 

Amendments. 

The 2012 amendment, by ch. 318, added 
subsection (4).